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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7, 9, 10 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation " the tympanic membrane, the cochlear promontory, or the round window" in page 1 lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the early auditory potential" in page 1 line 6. There is insufficient antecedent basis for this limitation in the claim.
Since claims 2-5, 9, 10 and 12 are depending on claim 1 these claims 2-5, 9, 10 and 12 are rejected for the same reasons set forth in claim 1 above.
Claim 6 recites the limitation "the tympanic membrane, the cochlear promontory, or the round window" in page 2 lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the early auditory potential" in page 2 line 6. There is insufficient antecedent basis for this limitation in the claim.
Since claim 7 is depending on claim 1 this claim 7 is rejected for the same reasons set forth in claim 6 above.
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) 1-7, 9, 10, 12, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over the applicant’s cited references US2018/0015287 (Heasman) and in view of US2021/0264937 (Oliver et al hereinafter Oliver).
Regarding claim 1, as best understood 112 2nd rejection, Heasman discloses a method for providing an electrophonic microphone (figs. 1A, 1B, para. [0001], [0024]), comprising: recording, using at least one electrode (para. [0027] Elongate stimulating assembly 126 is configured to be at least partially implanted in the recipient's cochlea 120 (FIG. 1A) and includes a plurality of longitudinally spaced intra-cochlear electrical stimulating contacts (electrodes) 138 that collectively form a contact array 140 for delivery of electrical stimulation (current) to the recipient's cochlea; para. [0037] The cochlear microphonic is an alternating current (AC) voltage that mirrors the waveform of the acoustic stimulus at low, moderate, and high levels of acoustic stimulation. The cochlear microphonic is generated by the outer hair cells of the organ of Corti and is dependent on the proximity of the recording electrode(s) to the stimulated hair cells and the basilar membrane. In general, the cochlear microphonic is proportional to the displacement of the basilar membrane by the travelling wave phenomena., an early auditory potential (para [0036]-As described further below, the ECoG-based programming module 118 is configured to use acoustically evoked electrocochleography (ECoG) measurements to determine, in situ, stimulating contact comfort levels. As used herein, an ECoG measurement refers to the capture of a
set of acoustically-invoked potentials, sometimes referred to herein as cochlear potentials or inner ear potentials, generated in a recipient's cochlea in response to the delivery of acoustic stimulation to the cochlea. A captured set of acoustically-invoked cochlear potentials i.e., an ECoG response) may include a plurality of different stimulus related potentials, such as the cochlear microphonic (CM), the cochlear summating potential (SP), the auditory nerve neurophonic (ANN), and the auditory nerve or Compound Action Potential (CAP), and higher order potentials (e.g., evoked potentials from the brainstem and the auditory cortex), which are measured independently or in various combinations.; para [0038]- The summating potential is the stimulus-related potential of the cochlea and can be seen as a DC {unidirectional) shift in the cochlear microphonic baseline. The direction of this shift (i.e., positive or negative) is dependent on a complex interaction between stimulus parameters and the location of the recording electrode(s).); wherein the at least one electrode is either: disposed at least partially, outside of a subject's middle ear or disposed inside a subject's ear in proximity to one of the tympanic membrane, the cochlear promontory, or the round window (figs. 1A-1B, para [0021], [0028]- Stimulating assembly 126 extends through an opening 121 in the cochlea (e.g., cochleostomy, the round window, etc.) and has a proximal end connected to stimulator unit 132 via lead region 124 and a hermetic feedthrough (not shown in fig. 18)); processing, using a processor, the early auditory potential to generate an audio signal (figs. 1A-1B, para [0024]- a sound processor 112; para [0029]- The sound processor 112 is configured execute sound processing and coding to convert the electrical input signals received from the sound input elements into output signals that represent acoustic and/or electric (current) stimulation for delivery to the recipient.).
Heasman does not explicitly disclose transmitting the audio signal to a receiver circuit.
However, this claimed limitation is notorious old and well known.
For instance, in the related field of the invention, Oliver teaches devices for capturing and logging audio data, does disclose transmitting the audio signal to a receiver circuit (para [0042]- the system 210 is configured such that the hearing prosthesis 100 and the portable handheld device 240 have a symbiotic relationship .... this can be achieved via the ability of the hand held device 240 to receive data from the hearing prosthesis 100 via the wireless link 230).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use the teaching by Oliver in Heasman in order to improve the auditory task and efficiency of the device (Oliver: para [0025], [0246]).
Regarding claim 2, Heasman also teaches wherein the early auditory potential is recorded by the at least one electrode disposed inside the subject's ear in proximity to one of the tympanic membrane, the cochlear promontory, or the round window (figs. 1A-1B, para [0028]- Stimulating assembly 126 extends through an opening 121 in
the cochlea (e.g., cochleostomy, the round window, etc.) and has a proximal end connected to stimulator unit 132 via lead region 124 and a hermetic feedthrough (not shown in fig. 1B); para [0037]-[0038], [0057]).
Regarding claim 3, Heasman also teaches wherein the early auditory potential comprises at least one of a cochlear microphonic (CM), a compound action potential (CAP), a summating potential (SP), or an auditory nerve neurophonic (ANN) (para [0036]-A captured set of acoustically-invoked cochlear potentials i.e., an ECoG
response) may include a plurality of different stimulus related potentials, such as the cochlear. microphonic (CM), the cochlear summating potential (SP), the auditory nerve neurophonic (ANN), and the auditory nerve or Compound Action Potential (CAP), and higher order potentials (e.g., evoked potentials from the brainstem and the auditory cortex), which are measured independently or in various combinations.).
Regarding claim 4, Heasman also teaches further comprising implanting the at least one electrode inside the subject's ear (fig. 1A, para. [0027], [0028]).
Regarding claim 5, Oliver also teaches wherein the receiver circuit is a component of an auditory prosthetic device, an auditory assistance device, a consumer electronic device, or a covert listening device (para. [0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use the teaching by Oliver in Heasman in order to improve the auditory task and efficiency of the device (Oliver: para [0025], [0246]).
Regarding claim 6, Heasman discloses a device (para. [0001]), comprising: at least one electrode that is configured for placement, at least partially, outside of a subject's middle ear or that is configured for implantation inside a subject's ear in proximity to one of the tympanic membrane, the cochlear promontory, or the round window (figs. 1A-1B, para {0027]- Elongate stimulating assembly 126 is configured to be at least partially
implanted in the recipient's cochlea 120 (FIG. 1A) and includes a plurality of longitudinally spaced intra-cochlear electrical stimulating contacts (electrodes) 138 that collectively form a contact array 140 for delivery of electrical stimulation (current) to the recipient's cochlea.; para [0028]- Stimulating assembly 126 extends through an opening 121 in the cochlea (e.g., cochleostomy, the round window, etc.) and has a proximal end connected to stimulator unit 132 via lead region 124 and a hermetic feedthrough (not shown in FIG. 1 B).; para [0037] The cochlear microphonic is generated by the outer hair cells of the organ of Corti and is dependent on the proximity of the recording
electrode(s) to the stimulated hair cells and the basilar membrane.); and a processor coupled to the at least one electrode (figs. 1A-1 B, para [0024] - a sound processor 112), wherein the processor is configured to: receive the early auditory potential recorded by the at least one electrode (para [0036]- As described further below, the ECoG-based programming module 118 is configured to use acoustically evoked electrocochleography (ECoG) measurements to determine, in situ, stimulating contact comfort levels. As used herein, an ECoG measurement refers to the capture of a set of acoustically-invoked potentials, sometimes referred to herein as cochlear potentials or inner ear potentials, generated in a recipient's cochlea in response to the delivery of
acoustic stimulation to the cochlea. A captured set of acoustically-invoked cochlear potentials i.e., an ECoG response) may include a plurality of different stimulus related potentials, such as the cochlear microphonic (CM), the cochlear summating potential (SP), the auditory nerve neurophonic (ANN), and the auditory nerve or Compound Action Potential (CAP), and higher order potentials {e.g., evoked potentials from the brainstem and the auditory cortex); process the early auditory potential to generate an audio signal (para [0029]- The sound processor 112 is configured execute sound processing and coding to convert the electrical input signals received from the sound input elements into output signals that represent acoustic and/or electric (current) stimulation for delivery to the recipient).
Heasman does not explicitly disclose transmitting the audio signal to a receiver circuit.
However, this claimed limitation is notorious old and well known.
For instance, in the related field of the invention, Oliver teaches devices for capturing and logging audio data, does disclose transmitting the audio signal to a receiver circuit (para [0042]- the system 210 is configured such that the hearing prosthesis 100 and the portable handheld device 240 have a symbiotic relationship .... this can be achieved via the ability of the hand held device 240 to receive data from the hearing prosthesis 100 via the wireless link 230).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use the teaching by Oliver in Heasman in order to improve the auditory task and efficiency of the device (Oliver: para [0025], [0246]).
Regarding claim 7, Heasman also teaches wherein the device is an auditory prosthetic device, an auditory assistance device, a consumer electronic device, or a covert listening device (para. [0001] – [0003]).
Regarding claim 9, Heasman also teaches wherein the early auditory potential is recorded by the at least one electrode disposed, at least partially, outside of the subject's middle ear (para [0025]- The receiver 142 is an acoustic transducer that is configured to deliver acoustic signals (acoustic stimulation signals) to the recipient via the recipient's ear canal and middle ear.; FIGS. 1A-1 B, para [0028]- Stimulating assembly 126 extends through an opening 121 in the cochlea (e.g., cochleostomy, the round window, etc.) and has-a proximal end connected to stimulator unit 132 via lead region 124 and a hermetic feedthrough (not shown in FIG. 1B).
Regarding claim 10, Heasman also teaches wherein the at least one electrode is a skin electrode (figs. 1A-1B, para [0023] -The external component 102 is configured to be directly or indirectly attached to the body of a recipient, while the implantable component 104 is configured to be subcutaneously implanted within the recipient
(i.e., under the skin/tissue 101 of the recipient).).
Regarding claim 12, Heasman also shows further comprising inserting the at least one electrode into the subject's ear (see fig. 1A).
Regarding claim 16, Heasman discloses a method for providing an electrophonic microphone (figs. 1A, 1B, para. [0001, [0024]]), comprising: recording, using at least one electrode (fig. 1A, para [0027] - Elongate stimulating assembly 126 is configured to be at least partially implanted in the recipient's cochlea 120 (FIG. 1A) and includes a plurality of longitudinally spaced intra-cochlear electrical stimulating contacts (electrodes) 138 that collectively form a contact array 140 for delivery of electrical stimulation (current) to the recipient's cochlea.; para [0037]- The cochlear microphonic is generated by the outer hair cells of the organ of Corti and is dependent on the proximity of the recording electrode{s) to the stimulated hair cells and the basilar membrane.), an early auditory potential (para [0036]-As described further
below, the ECoG-based programming module 118 is configured to use acoustically evoked electrocochleography (ECoG) measurements to determine, in situ, stimulating contact comfort levels. As used herein, an ECoG measurement refers to the capture of a set of acoustically-invoked potentials, sometimes referred to herein as cochlear potentials or inner ear potentials, generated in a recipient's cochlea in response to the delivery of acoustic stimulation to the cochlea. A captured set of acoustically-invoked cochlear potentials i.e., an ECoG response) may include a plurality of different stimulus related potentials, such as the cochlear microphonic (CM), the cochlear summating potential (SP), the auditory nerve neurophonic (ANN), and the auditory nerve or Compound Action Potential (CAP), and higher order potentials (e.g., evoked potentials from the brainstem and the auditory cortex), which are measured independently or in various combinations.; para [0038]- The summating potential is the stimulus-related potential of the cochlea and can be seen as a DC (unidirectional) shift in the cochlear microphonic baseline: The direction of this shift (i.e., positive or negative) is dependent on a complex interaction between stimulus parameters and the location of the recording electrode(s).), wherein the at least one electrode is disposed, at least partially, within a subject's inner ear (figs. 1A-1B, para [0028]- Stimulating assembly 126 extends through an opening 121 in the cochlea (e.g., cochleostomy, the round window, etc.) and has a proximal end connected to stimulator unit 132 via lead region 124 and a hermetic feedthrough (not shown in FIG. 18).; para [0036]- As used herein, an ECoG measurement refers to the capture of a set of acoustically-invoked potentials, sometimes referred to herein as cochlear potentials or inner ear potentials, generated in a recipient's cochlea in response to the delivery of acoustic stimulation to the cochlea.); processing, using a processor, the early auditory potential to generate an audio signal (figs. 1A-1B, para [0024]- a sound processor 112; para [0029]- The sound processor 112 is configured execute sound processing and coding to convert the electrical input signals received from the sound input elements into output signals that represent acoustic and/or electric (current) stimulation for delivery to the recipient.).
Heasman does not explicitly disclose transmitting the audio signal to a receiver circuit.
However, this claimed limitation is notorious old and well known.
For instance, in the related field of the invention, Oliver teaches devices for capturing and logging audio data, does disclose transmitting the audio signal to a receiver circuit (para [0042]- the system 210 is configured such that the hearing prosthesis 100 and the portable handheld device 240 have a symbiotic relationship .... this can be achieved via the ability of the hand held device 240 to receive data from the hearing prosthesis 100 via the wireless link 230).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use the teaching by Oliver in Heasman in order to improve the auditory task and efficiency of the device (Oliver: para [0025], [0246]).
Regarding claim 17, Heasman also teaches wherein the early auditory potential is recorded by the at least one electrode is disposed, at least partially, within the subject's inner ear (figs. 1A-1 B, para [0028]- Stimulating assembly 126 extends through an opening 121 in the cochlea (e.g., cochleostomy, the round window, etc.} and has a proximal end connected to stimulator unit 132 via lead region 124 and a hermetic feedthrough (not shown in FIG. 1B}.; para [0036] As used herein, an ECoG measurement refers to the capture of a set of acoustically-invoked potentials, sometimes referred to herein as cochlear potentials or inner ear potentials, generated in a recipient's cochlea in response to the delivery of acoustic stimulation to the cochlea.).
Regarding claim 18, Heasman also teaches wherein the at least one electrode is disposed, at least partially, within the subject's cochlea (figs.1A-1B, para [0028] - Stimulating assembly 126 extends through an opening 121 in the cochlea (e.g., cochleostomy, the round window, etc.) and has a proximal end connected to
stimulator unit 132 via lead region 124 and a hermetic feedthrough (not shown in FIG. 1B).; para [0036]- As used herein, an ECoG measurement refers to the capture of a set of acoustically-invoked potentials, sometimes referred to herein as cochlear potentials or inner ear potentials, generated in 13- recipient's cochlea in response to the delivery of acoustic stimulation to the cochlea.).
Regarding claim 19, Heasman also teaches wherein the early auditory potential comprises at least one of a cochlear microphonic (CM), a compound action potential (CAP), a summating potential (SP), or an auditory nerve neurophonic (ANN) (para [0036]-As described further below, the ECoG-based programming module 118 is configured to use acoustically evoked electrocochleography (ECoG) measurements to determine, in situ, stimulating contact comfort levels. As used herein, an ECoG measurement refers to the capture of a set of acoustically-invoked potentials, sometimes referred to herein as cochlear potentials or inner ear potentials, generated in a recipient's cochlea in response to the delivery of acoustic stimulation to the cochlea. A captured set of acoustically-invoked cochlear potentials i.e., an ECoG response) may include a plurality of different stimulus related potentials, such as the cochlear microphonic (CM), the cochlear summating potential (SP), the auditory nerve neurophonic (ANN), and the auditory nerve or Compound Action Potential (CAP), and higher order potentials (e.g., evoked potentials from the brainstem and the auditory cortex), which are measured independently or in various combinations.; para [0038]- The summating potential is the stimulus-related potential of the cochlea and can be seen as a DC {unidirectional) shift in the cochlear microphonic baseline. The direction of this shift (i.e., positive or negative) is dependent on a complex interaction between stimulus parameters and the location of the recording electrode(s).).
Regarding claim 20, Oliver also teaches wherein the receiver circuit is a component of an auditory prosthetic device, an auditory assistance device, a consumer electronic device, or a covert listening device (para. [0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use the teaching by Oliver in Heasman in order to improve the auditory task and efficiency of the device (Oliver: para [0025], [0246]).
.
Conclusion
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/TUAN D NGUYEN/Primary Examiner, Art Unit 2699
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