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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-13 and 15-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,149,891 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.
Patented claim 1 recites a hearing device which perform the feature of the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are coupled to magnetically interact with each other.
The pending claim 1 recites hearing device which perform the similar feature of the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are coupled to magnetically interact with each other.
Therefore, the patented claim 1 anticipates the pending 1.
Pending claims 2-13 and 15-25 have similar limitations comparing the patented claims 2-23 as shown on the table below.
Pending claims
Patented claims
1. A hearing device comprising: an input transducer configured to provide one or more input signals; a signal processor configured to provide an output signal based on the one or more input signals; an output transducer configured to provide an audio output signal based on the output signal from the signal processor; and a switched-mode power supply (SMPS) configured to provide electric power, wherein the switched-mode power supply (SMPS) comprises a first coil component and a second coil component; wherein the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are configured to magnetically interact with each other.
2. The hearing device according to claim 1, wherein the first coil component and the second coil component are within 2 mm from each other.
3. The hearing device according to claim 1, wherein the first coil component and the second coil component are configured to magnetically interact with each other destructively.
4. The hearing device according to claim 1, wherein the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are arranged such that magnetic fields generated respectively by the first coil component and the second coil component interact with each other and are in counter-phase.
5. The hearing device according to claim 1, wherein the first coil component and the second coil component have approximately similar inductances.
6. The hearing device according to claim 1, wherein the first coil component and the second coil component are in series with respect to each other.
7. The hearing device according to claim 1, wherein the first coil component and the second coil component are parallel with respect to each other.
8. The hearing device according to claim 1, wherein the switched-mode power supply (SMPS) is a buck converter.
9. The hearing device according to claim 1, further comprising a battery, and wherein the battery is a rechargeable battery.
10. The hearing device according to claim 1, further comprising one or more communication coils.
11. The hearing device according to claim 10, wherein the first coil component and the second coil component are configured to provide electromagnetic noise reduction for the one or more communication coils.
12. The hearing device according to claim 10, wherein the one or more communication coils comprise a magnetic induction (MI) coil and/or a telecoil.
13. The hearing device according to claim 1, wherein the hearing device is a hearing aid.
14. The hearing device according to claim 13, wherein the hearing aid is configured to be worn at an ear of a user.
15. A method performed by a hearing device, the method comprising: providing one or more input signals by an input transducer; providing an output signal by a signal processor based on the one or more input signals; providing an audio output signal based on the output signal; and providing electric power by a switched-mode power supply (SMPS), wherein the switched-mode power supply (SMPS) comprises a first coil component, and a second coil component, wherein the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are configured to magnetically interact with each other.
16. The method of claim 15, wherein the hearing device comprises a hearing aid.
17. The method of claim 16, wherein the hearing aid is configured to be worn at an ear of a user.
18. The method of claim 15, further comprising wirelessly communicating with an electronic device via one or more communication coils.
19. The method of claim 18, further comprising providing electromagnetic noise reduction for the one or more communication coils by the first coil component and the second coil component.
20. The method of claim 19, wherein the electromagnetic noise reduction is provided by the first coil component and the second coil component when the switched-mode power supply (SMPS) is providing the electric power.
21. The method of to claim 15, wherein the first coil component and the second coil component are configured to magnetically interact with each other destructively.
22. The method of claim 15, wherein the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are arranged such that magnetic fields generated respectively by the first coil component and the second coil component interact with each other and are in counter-phase.
23. The hearing device according to claim 1, wherein the switched-mode power supply (SMPS) further comprises a resistor coupled to the first coil component.
24. The hearing device according to claim 23, wherein the resistor of the switched-mode power supply (SMPS) is also coupled to the second coil component.
25. The hearing device according to claim 16, wherein the hearing aid comprises a processing unit, and wherein the switched-mode power supply (SMPS) is coupled to the processing unit of the hearing aid.
1. A hearing device comprising: an input transducer configured to provide one or more input signals based on a received audio signal; a signal processor configured to provide an output signal based on the one or more input signals; an output transducer configured to provide an audio output signal based on the output signal from the signal processor; and a switched-mode power supply (SMPS) configured to provide electric power, wherein the switched-mode power supply (SMPS) comprises a first coil component and a second coil component; wherein the first coil component and the second coil component are configured to provide electromagnetic noise reduction in the hearing device; and wherein the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are coupled to magnetically interact with each other.
2. The hearing device according to claim 1, wherein the first coil component and the second coil component are within 2 mm from each other.
3. The hearing device according to claim 1, wherein the first coil component and the second coil component are coupled to magnetically interact with each other destructively.
4. The hearing device according to claim 1, wherein the first coil component and the second coil component have approximately similar inductances.
5. The hearing device according to claim 1, wherein the first coil component and the second coil component are in series with respect to each other.
6. The hearing device according to claim 1, wherein the first coil component and the second coil component are parallel with respect to each other.
7. The hearing device according to claim 1, wherein the switched-mode power supply (SMPS) is a buck converter.
8. The hearing device according to claim 1, further comprising a battery, and wherein the battery is a rechargeable battery.
9. The hearing device according to claim 1, further comprising one or more communication coils.
10. The hearing device according to claim 9, wherein the first coil component and the second coil component are configured to provide the electromagnetic noise reduction for the one or more communication coils.
11. The hearing device according to claim 9, wherein the one or more communication coils comprise a magnetic induction (MI) coil and/or a telecoil.
12. The hearing device according to claim 1, wherein the hearing device is a hearing aid.
13. The hearing device according to claim 12, wherein the hearing aid is configured to be worn at an ear of a user.
14. A hearing device comprising: an input transducer configured to provide one or more input signals based on a received audio signal; a signal processor configured to provide an output signal based on the one or more input signals; an output transducer configured to provide an audio output signal based on the output signal from the signal processor; and a switched-mode power supply (SMPS) configured to provide electric power, wherein the switched-mode power supply (SMPS) comprises a first coil component and a second coil component; wherein the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are arranged such that magnetic fields generated respectively by the first coil component and the second coil component interact with each other and are in counter-phase.
15. The hearing device of claim 14, wherein the first coil component and the second coil component are configured to provide electromagnetic noise reduction in the hearing device.
16. A method performed by a hearing device, the method comprising: providing one or more input signals by an input transducer based on a received audio signal; providing an output signal by a signal processor based on the one or more input signals; providing an audio output signal based on the output signal; and providing electric power by a switched-mode power supply (SMPS), wherein the switched-mode power supply (SMPS) comprises a first coil component, and a second coil component, wherein the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are configured to magnetically interact with each other, and wherein the first coil component and the second coil component are configured to provide electromagnetic noise reduction in the hearing device.
17. The method of claim 16, wherein the hearing device comprises a hearing aid.
18. The method of claim 17, wherein the hearing aid is configured to be worn at an ear of a user.
19. The method of claim 16, further comprising wirelessly communicating with an electronic device via one or more communication coils.
20. The method of claim 19, further comprising providing the electromagnetic noise reduction for the one or more communication coils by the first coil component and the second coil component.
21. The method of claim 20, wherein the electromagnetic noise reduction is provided by the first coil component and the second coil component when the switched-mode power supply (SMPS) is providing the electric power.
22. The method of to claim 16, wherein the first coil component and the second coil component are configured to magnetically interact with each other destructively.
23. The method of claim 16, wherein the first coil component of the switched-mode power supply (SMPS) and the second coil component of the switched-mode power supply (SMPS) are arranged such that magnetic fields generated respectively by the first coil component and the second coil component interact with each other and are in counter-phase.
Response to Arguments
Applicant’s arguments, see pages 6-8, filed June 09, 2026, with respect to 35 U.S.C. § 102 rejection have been fully considered and are persuasive. The 35 U.S.C. § 102 rejection of claims 1-22 has been withdrawn, but the non-statutory double patenting is maintained.
Response to Amendment
The reply filed on June 092026 is not fully responsive to the prior Office action because of the following omission(s) or matter(s): The non-statutory double patenting rejection was omitted. See 37 CFR 1.111. Since the above-mentioned reply appears to be bona fide, applicant is given a shortened statutory period of TWO (2) MONTHS from the mailing date of this notice within which to supply the omission or correction in order to avoid abandonment. EXTENSIONS OF THIS TIME PERIOD MAY BE GRANTED UNDER 37 CFR 1.136(a), but in no case can any extension carry the date for reply to this letter beyond the maximum period of SIX MONTHS set by statute (35 U.S.C. 133).
Conclusion
THIS ACTION IS MADE FINAL. 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 GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN R EDWARDS can be reached at (571) 270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD GAUTHIER/Primary Examiner, Art Unit 2692
June 23, 2026
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