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 07/08/2024.
Notice of Pre-AIA or AIA Status
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vonlanthen (U. S. Pat. No. - 6,731,770).
Regarding claim 13, Vonlanthen discloses a hearing device (1) comprising: a housing (3) forming at least a part of an outer surface of the hearing device; a frame in the housing (Fig. 1); and a battery compartment (Fig. 5) comprising a first battery terminal (37/43/46), a second battery terminal (37/43/46), and a third battery terminal (37/43/46) configured to contact respective contacts of a battery unit (33), when the battery unit is in a first orientation (Figs. 1 or 5); wherein at least one of the first battery terminal, the second battery terminal, or the third battery terminal is configured to not contact one of the contacts of the battery unit, when the battery unit is in a second orientation opposite from the first orientation (Figs. 1 or5) as claimed.
Regarding claim 14, Vonlanthen discloses the hearing device, wherein the battery compartment comprises a guide element configured to prevent insertion of the battery unit in the second orientation (Fig. 1).
Regarding claim 15, Vonlanthen discloses the hearing device, wherein the guide element comprises a protrusion (on 29 or 39) extending from an inner surface of the battery compartment (Fig. 1).
Regarding claim 16, Vonlanthen discloses the hearing device, wherein the battery compartment comprises a spring element (35) configured to press the battery unit towards the first battery terminal (Fig. 1).
Regarding claim 17, Vonlanthen discloses the hearing device, further comprising the battery unit (Fig. 1).
Regarding claim 18, Vonlanthen discloses the hearing device, wherein the battery unit comprises: an adapter (Figs. 1 and 5); and a battery (33); wherein the battery is at least partly accommodated in a battery cavity of the adapter.
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 1-12 and 19-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Vonlanthen (U. S. Pat. No. - 6,731,770) in view of Bengtsson et al. (U. S. Pat. App. Pub. No. – 2007/0104343).
Regarding claim 1, Vonlanthen discloses a battery unit (Fig. 5) for a hearing device (1), the battery unit having a main axis and comprising an adapter (43, 46) and a battery (33), wherein the battery is at least partly accommodated in a battery cavity (Fig. 1) of the adapter, the adapter comprising: a body; a first contact configured to contact a first battery terminal (33o/u) of the hearing device; and electronic circuitry (27) connected to the first contact wherein the battery unit has an outer configuration configured to allow the battery unit to fit in a battery compartment of the hearing device (col. 4, line 66 to col. 5, line 22) when the battery unit is in a first orientation, and to prevent the battery unit from fitting in the battery compartment of the hearing device when the battery unit is in a second orientation opposite from the first orientation (Figs. 1 and 5). But Vonlanthen may not specially teach a memory connected to the first contact as claimed. Bengtsson et al. disclose a similar structured hearing aid including a memory means ([0004]) as claimed. Therefore, it 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 memory means, such as in the extra module within the battery unit of the hearing aid taught by Vonlanthen, in order to effectively and efficiently utilize the battery of the battery unit.
Regarding claim 2, Vonlanthen further discloses the battery unit, wherein the adapter has a first sidewall with a first outer side surface and a first diameter, and wherein the adapter has a second sidewall with a second outer side surface and a second diameter less than the first diameter (Fig. 5).
Regarding claim 3, Vonlanthen further discloses the battery unit, wherein the first sidewall of the adapter has a first inner surface forming a part of the battery cavity, and wherein the first sidewall has a first height less than a height of the battery (Fig. 5).
Regarding claim 4, Vonlanthen further discloses the battery unit, wherein the first contact (46a; 37a) comprises a metallic ring having a first contact radius, and wherein the metallic ring is on an outer surface of the adapter.
Regarding claim 5, Vonlanthen further discloses the battery unit, the adapter comprising a second contact (43a) configured to contact a second battery terminal of the hearing device, wherein the second contact is electrically connected to a first electrode of the battery (col. 4, lines 22-46, Figs. 1 and 5).
Regarding claim 6, Vonlanthen further discloses the battery unit, wherein the second contact is connected to the electronic circuitry (col. 4, lines 22-46, Figs. 1 and 5).
Regarding claim 7, Vonlanthen further discloses the battery unit, wherein the first contact comprises a first metallic ring having a first contact radius; and wherein the second contact comprises a second metallic ring having a second contact radius, wherein the second metallic ring is on an outer surface of the adapter (col. 4, lines 22-46, Figs. 1 and 5).
Regarding claim 8, Vonlanthen further discloses the battery unit, wherein the second contact radius is smaller than the first contact radius (col. 4, lines 22-46, Figs. 1 and 5).
Regarding claims 9-11, Vonlanthen may not specially teach a printed circuit board (PCB) assembly as claimed. Since providing suitable PCB for a hearing device is very well known in the art (Official Notice), 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 PCB, such as including the battery unit, for the hearing aid taught by Vonlanthen, in order to effectively and efficiently manufacture the hearing aid.
Regarding claim 12, Vonlanthen further discloses the battery unit, wherein the adapter comprises a third contact (37, 43 and 46) configured to contact a third battery terminal of the hearing device, wherein the third contact is electrically connected to a second electrode of the battery (Fig. 5).
Regarding claim 19, Vonlanthen further discloses the hearing device, wherein the adapter comprises a body (Figs. 1 and 5), a first contact (35, 37, 43, 45) of the contacts of the battery unit, and electronic circuitry (27). But Vonlanthen may not specially teach a memory connected to the first contact as claimed. Bengtsson et al. disclose a similar structured hearing aid including a memory means ([0004]) as claimed. Therefore, it 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 memory means, such as in the extra module within the battery unit of the hearing aid taught by Vonlanthen, in order to effectively and efficiently utilize the battery of the battery unit.
Regarding claim 20, Vonlanthen further discloses the hearing device, wherein the battery unit has an outer configuration configured to allow the battery unit to fit in the battery compartment of the hearing device when the battery unit is in the first orientation, and to prevent the battery unit from fitting in the battery compartment of the hearing device when the battery unit is in the second orientation opposite from the first orientation (Figs. 1 and 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm.
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/SUHAN NI/Primary Examiner, Art Unit 2691