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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the plurality of intercoms (in one place in the specification it states that such is in Fig. 1 in the center circle. Then it says in Fig. 1 that the intercoms are not shown.), the microphones, the intercom controls, two intercoms connected, matrix entry defining the flow, the gate, control program and the surgical operating room, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. In addition, the claims call for a control matrix not SCOTOS-Matrix. Please be consistent.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: There are no reference signs in the specification or the drawings. There are no lead lines in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: There are no reference characters in the specification or drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: there are no reference characters in the specification.
Appropriate correction is required.
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 – 18 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.
Specifically, in claim 1,”the mixing device” has no antecedent basis.
In claim 1, there is no antecedent basis for, ”the plurality of intercoms controls”.
In claim 1, there is no antecedent basis for, “the ambient sound”.
In claim1, there is no antecedent basis for, “the sound level”.
In claim 1,there is no antecedent basis for, “the room”. If this is meant to mean the surgical operating system, please use consistent language.
In claim1, there is no antecedent basis for, “the control program”
In claim 1, there is no antecedent basis for, “the amplification or suppression”.
In claim 1, there is no antecedent basis for, ”the other intercom devices”.
In claim 1,there is no antecedent basis for, “the analysis of the ambient sound”.
In claim 2, there is no antecedent basis for, “the incoming sound”.
In claim 4, there is no antecedent basis for, “the following functions”.
In claim 4, there is no antecedent basis for, “the input signal”.
In claim 9, there is no antecedent basis for, “the fully or semi-automatic performance”.
In claim 11, there is no antecedent basis for, “the signals received at the mixing device”.
In claim 12, there is no antecedent basis for, “the timing” or for, “the operation”.
In claim 12, there is no antecedent basis for, the sensor data”.
In claim 13, there is no antecedent basis for, “the detection of a keyword or key signal”.
This is not meant to be an exhaustive list but, merely examples of some of the types of problems with the claims.
Because of the multiple problems with the specification, drawings and claims a proper search could not be conducted. However, the combination of U.S. Patent application No. 20090299924 (Bauer et al.) and U.S. Patent No. 5483528 (Chistensen) appears to be relevant with respect to claim 1.
Conclusion
The prior art made is considered pertinent to applicant's disclosure. Note the Figs and Abstracts of the references cited on the accompanying 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William Deane whose telephone number is 571 - 272- 7484. The examiner can normally be reached on Monday - FRIDAY from 9:00 A.M. to 5:00 P.M. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ahmad Matar, can be reached on 571-272-7488.
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24Jan2026
/WILLIAM J DEANE JR/ Primary Examiner, Art Unit 2693