DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691.
This communication is responsive to the claims filed 07/03/2024.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claims 1-2, 4-7 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldstein (U. S. Pat. App. Pub. No. – 2017/0040012).
Regarding claim 1, Goldstein discloses a hearing assistance device (200) comprising: an enclosing structure (204) configured to house a receiver (214) that generates sound waves into an ear canal of a user when the hearing assistance device is worn (Fig. 2A); and an acoustical conduit (202), coupled to the receiver to direct the sound waves into the ear canal of the user, wherein the acoustical conduit comprises magnetized particles (non-Newtonian fluid, magnetorheological fluids) that form a magnetic field ([0036]) through the acoustical conduit.
Regarding claim 2, Goldstein further discloses, wherein the magnetic field slows ingress of a foreign material having at least one of water ([0038-0039]), sodium chloride, or potassium chloride through the acoustical conduit when the hearing assistance device is worn.
Regarding claim 4, Goldstein further discloses, wherein the magnetized particles comprise magnetic microspheres ([0036-0040]).
Regarding claim 5, Goldstein further discloses, wherein the acoustical conduit (202) comprises a textured surface (Fig. 2A).
Regarding claim 6, Goldstein further discloses, wherein the acoustical conduit (202) comprises at least one of a portion of hydrophilic coating or a portion of hydrophobic coating ([0036-0040]).
Regarding claim 7, Goldstein further discloses, wherein at least one of the hydrophilic coating or the hydrophobic coating includes the magnetized particles ([0036-0040]).
Regarding claim 15, Goldstein further discloses, comprising an energy source (224) configured to generate a force (by 214) for dispelling a foreign material from the acoustical conduit.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103 (a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
Claims 3 and 10 are rejected under 35 U.S.C. 103(a) as being unpatentable over Goldstein (U. S. Pat. App. Pub. No. – 2017/0040012).
Regarding claim 3, Goldstein may not specially teach that the magnetic field through the acoustical conduit comprises a magnetic field approximately within a range of 100 nano Tesla to 10 micro Tesla as claimed. Since providing suitable material for an acoustical conduit of a hearing device is very well known in the art (Official Notice), and Goldstein also suggests for modification ([0102]), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable material, such as a magnetic field approximately within a range of 100 nano Tesla to 10 micro Tesla, for the acoustical conduit of the hearing device taught by Goldstein, in order to provide desirable hearing device for a group of users.
Regarding claim 10, Goldstein may not specially teach that the enclosing structure includes a portion of hydrophilic coating and a portion of hydrophobic coating as claimed. Since providing suitable coating for a housing means of a hearing device is very well known in the art (Official Notice), and Goldstein also suggests for modification ([0102]), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable coating, such as a portion of hydrophilic coating and a portion of hydrophobic coating for the housing means/enclosure of the hearing device taught by Goldstein, in order to provide desirable hearing device for a group of users.
Allowable Subject Matter
Claims 18-20 are allowed.
Claims 8-9, 11-14 and 16-17 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/SUHAN NI/Primary Examiner, Art Unit 2691