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 .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-46 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-40 of copending Application No. 18/773304 (reference application). The claim mapping is as follows:
Current Application
Copending App. 18/773304
Claim 1
Claim 1
Claim 2
Claim 2
Claim 3
Claim 19
Claim 4
Claim 21
Claim 5
Claim 22
Claim 6
Claim 23
Claim 7
Claim 29
Claim 8
Claim 30
Claim 9
Claim 31
Claim 10
Claim 32
Claim 11
Claim 33
Claim 12
Claim 34
Claim 13
Claim 35
Claim 14
Claim 36
Claim 15
Claim 37
Claim 16
Claim 38
Claim 17
Claim 39
Claim 18
Claim 40
Claim 19
Claims 1, 3, 5-18 and 24-28
Claim 20
Claims 19-20
Claim 21
Claim 21
Claim 22
Claims 4 and 32
Claim 23
Claim 23
Claim 24
Claim 31
Claim 25
Claim 32
Claim 26
Claim 33
Claim 27
Claim 6
Claim 28
Claim 35
Claim 29
Claim 36
Claim 30
Claim 37
Claim 31
Claim 38
Claim 32
Claim 39
Claim 33
Claim 40
Claim 34
Claim 1
Claim 35
Claim 19
Claim 36
Claim 19
Claim 37
Claim 23
Claim 38
Claim 31
Claim 39
Claim 33
Claim 40
Claim 6
Claim 41
Claim 35
Claim 42
Claim 36
Claim 43
Claim 37
Claim 44
Claim 38
Claim 45
Claim 39
Claim 46
Claim 40
Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are drawn to a hearing device configured to communicate with a second or other hearing device, and further configured to operate in first and second modes, where a microphone of the hearing device is enabled and/or wireless communication link between hearing devices is enabled in the first operation mode, and the microphone is muted and/or the wireless communication link is disabled in the second operation mode.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Objections
Claim 23 is objected to because of the following informalities: The claim recites “the other hearing device disales” in line 2 of the claim. This appears to be a typographical error; it should probably say “the other hearing device disables.” Appropriate correction is required.
Claim 37 is objected to because of the following informalities: The claim recites “the other hearing device disales” in line 2 of the claim. This appears to be a typographical error; it should probably say “the other hearing device disables.” Appropriate correction is required.
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) 1-6, 10-23, 25-37 and 39-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Pub No 2022/0256299 A1 to Berthelsen et al. (“Berthelsen”) in view of US Patent Pub No 2016/0044426 A1 to Duchscher et al. (“Duchscher”).
As to claim 1, Berthelsen discloses a hearing device configured for wear at a first ear of a user, wherein the hearing device is configured to communicate with another hearing device that is configured for wear at a second ear of the user (see figures 1-2; pg. 5, ¶ 0056), the hearing device comprising: a first microphone system configured to provide a first microphone signal; a first processing unit; a first communication unit; and a first antenna coupled to the first communication unit (see figures 1-2; pg. 3, ¶ 0029 - ¶ 0031; pg. 5, ¶ 0056; pg. 6, ¶ 0062); wherein the hearing device has a first operation mode; wherein the hearing device is configured to transmit the first microphone signal or audio signal based on the first microphone signal to the other hearing device via a wireless communication link between the hearing device and the other hearing device when the hearing device is in the first operation mode (via link 14, see figures 1-2; pg. 1, ¶ 0013; pg. 5, ¶ 0056).
Berthelsen does not disclose the hearing device having a second operation mode, and wherein when the hearing device is in the second operation mode, the wireless communication link is disabled. However such a configuration is known in the art, as taught by Duchscher, which discloses a similar hearing device system, and further discloses the hearing device can communicate with another hearing device and receive various inputs including wireless and acoustic inputs, wherein the hearing device can be configured to operate in a variety of ways, including with wireless inputs or communications disabled (see figure 1A; pg. 4, ¶ 0049; pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide more control for the hearing aid regarding the various audio sources available, including the various input selections and/or combinations such as disabling wireless communications and only providing the hearing aid microphone signal, thereby providing a more effective listening device (Duchscher pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 2, Berthelsen in view of Duchscher further discloses wherein when the hearing device is in the second operation mode, the hearing device remains on while the wireless communication link is disabled (Duchscher microphone input only, see pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 3, Berthelsen in view of Duchscher further discloses further comprising a user-control configured to allow the user to mute the hearing device (Berthelsen external devices like remote control, see pg. 3, ¶ 0031; Duchscher volume controls and muting options, see pg. 4, ¶ 0043 - ¶ 0044; pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 4, Berthelsen in view of Duchscher further discloses wherein the user-control is at a handheld device that is configured to wirelessly communicate with the hearing device (Berthelsen figures 1-2; pg. 3, ¶ 0031; pg. 5, ¶ 0057; Duchscher figure 7; pg. 4, ¶ 0043 - ¶ 0044).
As to claim 5, Berthelsen in view of Duchscher further discloses wherein the hearing device is configured to disable the wireless communication link (Duchscher pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 6, Berthelsen in view of Duchscher further discloses wherein the hearing device is configured to communicate with the other hearing device to inform the other hearing device before disabling the wireless communication link (Duchscher command and control information sent to control the other hearing device, pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 10, Berthelsen in view of Duchscher further discloses wherein the first operation mode of the hearing device is an unmute mode (Berthelsen first device receiving sounds, see pg. 1, ¶ 0013; pg. 2, ¶ 0018; Duchscher mic enabled and wireless input muted/disabled, see pg. 30, ¶ 0681; pg. 31, ¶ 0690), and the second operation mode of the hearing device is a mute mode (Duchscher mic and wireless input muted/disabled, see pg. 31, ¶ 0690).
As to claim 11, Berthelsen in view of Duchscher further discloses wherein the first antenna of the hearing device comprises a magnetic induction antenna (Berthelsen pg. 1, ¶ 0013).
As to claim 12, Berthelsen in view of Duchscher further discloses wherein the magnetic induction antenna is configured to transmit the first microphone signal or the audio signal as audio data (Berthelsen pg. 1, ¶ 0013).
As to claim 13, Berthelsen in view of Duchscher further discloses further comprising an additional first antenna configured to communicate with an exterior device (Berthelsen figures 1-2; pg. 5, ¶ 0057).
As to claim 14, Berthelsen in view of Duchscher further discloses wherein the exterior device comprises a remote control, a phone, or a watch, a tablet, a computer, or a communication device (Berthelsen pg. 1, ¶ 0014 - ¶ 0015; pg. 3, ¶ 0031).
As to claim 15, Berthelsen in view of Duchscher further discloses wherein the additional first antenna of the hearing device is configured to provide communication at 2.4 GHz (Berthelsen Bluetooth antenna, see pg. 1, ¶ 0014).
As to claim 16, Berthelsen in view of Duchscher further discloses wherein the additional first antenna of the hearing device is configured to communicate non-audio data with the other hearing device (Duchscher command and control information, see pg. 29, ¶ 0671).
As to claim 17, Berthelsen in view of Duchscher further discloses wherein the non-audio data comprises control data (Duchscher command and control information, see pg. 29, ¶ 0671).
As to claim 18, Berthelsen in view of Duchscher further discloses further comprising an additional antenna for communicating control data with the other hearing device (Berthelsen pg. 1, ¶ 0014 - ¶ 0015; pg. 3, ¶ 0031; Duchscher command and control information, see pg. 29, ¶ 0671).
As to claim 19, Berthelsen discloses a hearing device configured to communicate with another hearing device, the other hearing device configured for wear at a first ear of a user, the hearing device configured for wear at a second ear of the user (see figures 1-2; pg. 5, ¶ 0056), the hearing device comprising: a microphone system configured to provide a microphone signal; a processing unit comprising a mixer; a communication unit; an antenna coupled to the communication unit (see figures 1-2; pg. 2, ¶ 0022; pg. 3, ¶ 0029 - ¶ 0031; pg. 5, ¶ 0056; pg. 6, ¶ 0062); determine whether the hearing device is in a first operation mode or a second operation mode, and control the mixer to provide: (1) a first mixer output that is based on the microphone signal, and not based on any microphone signal from the other hearing device, if the processing unit determines that the hearing device is in the first operation mode (first hearing device microphone active, second hearing aid microphone not used, see pg. 1, ¶ 0013; pg. 2, ¶ 0018), (2) a second mixer output that is based on the microphone signal, and also based on a microphone signal from the other hearing device, if the processing unit determines that the hearing device is in the first operation mode, and that the wireless communication link is not disabled (first hearing device microphone active, microphone signals received from both devices combined, see pg. 2, ¶ 0022), (3) a third mixer output that is based on a microphone signal from the other hearing device, and not based on the microphone signal from the hearing device, if the processing unit determines that the hearing device is in the second operation mode (first hearing device microphone disabled, second hearing aid microphone used, see pg. 2, ¶ 0019), or (4) no output, or a fourth mixer output that is a null output, a media output, or an output independent of the microphone signal and a microphone signal from the other hearing device, if the processing unit determines that the hearing device is in the second operation mode (no microphone use, media output, see pg. 1, ¶ 0012; pg. 3, ¶ 0026).
Berthelsen does not expressly disclose wherein the processing unit is configured to determine if a wireless communication link between the hearing device and the other hearing device is disabled or not, and determine whether the hearing device is in a first operation mode or a second operation mode, wherein the first mixer output is further provided when the wireless communication link is disabled, the third mixer output is further provided when the wireless communication link is not disabled, and the fourth mixer output is provided when the wireless communication link is disabled.
Duchscher discloses a similar hearing device system, and further discloses the hearing device can communicate with another hearing device and receive various inputs including wireless and acoustic inputs, wherein the hearing device can be configured to operate in a variety of ways based on the hearing device microphone being enabled or muted, including (1) the microphone being enabled and the wireless input being disabled, (2) the microphone and wireless input being enabled, and microphone signals being blended, (3) the microphone being disabled and the wireless input being enabled, and (4) both the microphone and the wireless input being disabled (see figure 1A; pg. 4, ¶ 0049; pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide more control for the hearing aid output given the various audio input sources available, including the available inputs and/or input combinations resulting from the enabling or disabling of the hearing aid microphone and the enabling or disabling of wireless inputs, thereby providing a more effective listening device (Duchscher pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 20, Berthelsen in view of Duchscher further discloses further comprising a user-control configured to allow the user to mute the hearing device, to mute the other hearing device, or to mute both the hearing device and the other hearing device (Berthelsen external devices like remote control, see pg. 3, ¶ 0031; Duchscher volume controls and muting options, see pg. 4, ¶ 0043 - ¶ 0044; pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 21, Berthelsen in view of Duchscher further discloses wherein the hearing device is configured to communicate with a handheld device having a user-control configured to allow the user to mute the hearing device, to mute the other hearing device, or to mute both the hearing device and the other hearing device (Berthelsen figures 1-2; pg. 3, ¶ 0031; pg. 5, ¶ 0057; Duchscher figure 7; pg. 4, ¶ 0043 - ¶ 0044).
As to claim 22, Berthelsen in view of Duchscher further discloses wherein the hearing device is in the second operation mode when the hearing device is muted (Berthelsen output from other hearing device or media output, see pg. 1, ¶ 0012; pg. 2, ¶ 0019 pg. 3, ¶ 0026; Duchscher microphone muted/disabled and wireless input enabled or disabled, see pg. 30, ¶ 0681; pg. 31, ¶ 0690), and is in the first operation mode when the hearing device is unmuted (Berthelsen first device receives sounds, see pg. 1, ¶ 0013; pg. 2, ¶ 0018, ¶ 0022; Duchscher microphone enabled and wireless input enabled or disabled, see pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 23, Berthelsen in view of Duchscher further discloses wherein the hearing device is configured to receive a notification from the other hearing device before the other hearing device disales the wireless communication link (Duchscher command and control information sent to the other hearing device, pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 25, Berthelsen in view of Duchscher further discloses wherein the other hearing device is an unmute mode when the wireless communication link is not disabled (Berthelsen output from second hearing device or combined output, see pg. 2, ¶ 0019, ¶ 0022; Duchscher wireless input enabled, see pg. 30, ¶ 0681; pg. 31, ¶ 0690), and is in a mute mode when the wireless communication link is disabled (Berthelsen second device disabled, see pg. 2, ¶ 0018; Duchscher wireless input disabled or muted, see pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 26, Berthelsen in view of Duchscher further discloses wherein the antenna of the hearing device comprises a magnetic induction antenna (Berthelsen pg. 1, ¶ 0013).
As to claim 27, Berthelsen in view of Duchscher further discloses wherein the magnetic induction antenna is configured to receive an audio signal from the other hearing device, the audio signal being a microphone signal of the other hearing device, or based on a microphone signal of the other hearing device (Berthelsen pg. 1, ¶ 0013).
As to claim 28, Berthelsen in view of Duchscher further discloses further comprising an additional first antenna configured to communicate with an exterior device (Berthelsen figures 1-2; pg. 5, ¶ 0057).
As to claim 29, Berthelsen in view of Duchscher further discloses wherein the exterior device comprises a remote control, a phone, or a watch, a tablet, a computer, or a communication device (Berthelsen pg. 1, ¶ 0014 - ¶ 0015; pg. 3, ¶ 0031).
As to claim 30, Berthelsen in view of Duchscher further discloses wherein the additional first antenna of the hearing device is configured to provide communication at 2.4 GHz (Berthelsen Bluetooth antenna, see pg. 1, ¶ 0014).
As to claim 31, Berthelsen in view of Duchscher further discloses wherein the additional antenna of the hearing device is configured to communicate non-audio data with the other hearing device (Duchscher command and control information, see pg. 29, ¶ 0671).
As to claim 32, Berthelsen in view of Duchscher further discloses wherein the non-audio data comprises control data (Duchscher command and control information, see pg. 29, ¶ 0671).
As to claim 33, Berthelsen in view of Duchscher further discloses further comprising an additional antenna configured to communicate control data with the other hearing device (Berthelsen pg. 1, ¶ 0014 - ¶ 0015; pg. 3, ¶ 0031; Duchscher command and control information, see pg. 29, ¶ 0671).
As to claim 34, Berthelsen discloses a hearing device configured to communicate with another hearing device, the other hearing device configured for wear at a first ear of a user, the hearing device configured for wear at a second ear of the user (see figures 1-2; pg. 5, ¶ 0056), the hearing device comprising: a processing unit; a communication unit; an antenna coupled to the communication unit; and a receiver (see figures 1-2; pg. 3, ¶ 0029 - ¶ 0031; pg. 5, ¶ 0056; pg. 6, ¶ 0062); wherein the processing unit provides: (1) a first output that is not based on any microphone signal from the other hearing device (first hearing device microphone active, second hearing aid microphone not used, see pg. 1, ¶ 0013; pg. 2, ¶ 0018), or (2) a second output that is based on a microphone signal from the other hearing device; wherein the receiver is configured to provide an audio output based on the first output or the second output (first hearing device microphone disabled, second hearing aid microphone used, see pg. 2, ¶ 0019).
Berthelsen does not expressly disclose wherein the processing unit is configured to determine if a wireless communication link between the hearing device and the other hearing device is disabled or not, and provide the first output if the processing unit determines that the wireless communication link is disabled and the second output if the processing unit determines that the wireless communication link is not disabled.
Duchscher discloses a similar hearing device system, and further discloses the hearing device can communicate with another hearing device and receive various inputs including wireless and acoustic inputs, wherein the hearing device can be configured to operate in a variety of ways based on the hearing device microphone being enabled or muted, including the microphone being enabled when the wireless input is disabled, and the microphone being disabled or muted when the wireless input is enabled (see figure 1A; pg. 4, ¶ 0049; pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide more control for the hearing aid output given the various audio input sources available, including the available inputs and/or input combinations resulting from the enabling or disabling of the hearing aid microphone and the enabling or disabling of wireless inputs, thereby providing a more effective listening device (Duchscher pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 35, Berthelsen in view of Duchscher further discloses further comprising a microphone system that has been disabled (Berthelsen pg. 2, ¶ 0018 - ¶ 0019; Duchscher pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 36, Berthelsen in view of Duchscher further discloses further comprising a user-control configured to allow the user to mute the other hearing device (Berthelsen external devices like remote control, see pg. 3, ¶ 0031; Duchscher volume controls and muting options, see pg. 4, ¶ 0043 - ¶ 0044; pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 37, Berthelsen in view of Duchscher further discloses wherein the hearing device is configured to receive a notification from the other hearing device before the other hearing device disales the wireless communication link (Duchscher command and control information sent to the other hearing device, pg. 29, ¶ 0671 - ¶ 0672; pg. 30, ¶ 0681; pg. 31, ¶ 0690).
As to claim 39, Berthelsen in view of Duchscher further discloses wherein the antenna of the hearing device comprises a magnetic induction antenna (Berthelsen pg. 1, ¶ 0013).
As to claim 40, Berthelsen in view of Duchscher further discloses wherein the magnetic induction antenna is configured to receive an audio signal from the other hearing device, the audio signal being a microphone signal of the other hearing device, or based on a microphone signal of the other hearing device (Berthelsen pg. 1, ¶ 0013).
As to claim 41, Berthelsen in view of Duchscher further discloses further comprising an additional first antenna configured to communicate with an exterior device (Berthelsen figures 1-2; pg. 5, ¶ 0057).
As to claim 42, Berthelsen in view of Duchscher further discloses wherein the exterior device comprises a remote control, a phone, or a watch, a tablet, a computer, or a communication device (Berthelsen pg. 1, ¶ 0014 - ¶ 0015; pg. 3, ¶ 0031).
As to claim 43, Berthelsen in view of Duchscher further discloses wherein the additional first antenna of the hearing device is configured to provide communication at 2.4 GHz (Berthelsen Bluetooth antenna, see pg. 1, ¶ 0014).
As to claim 44, Berthelsen in view of Duchscher further discloses wherein the additional antenna of the hearing device is configured to communicate non-audio data with the other hearing device (Duchscher command and control information, see pg. 29, ¶ 0671).
As to claim 45, Berthelsen in view of Duchscher further discloses wherein the non-audio data comprises control data (Duchscher command and control information, see pg. 29, ¶ 0671).
As to claim 46, Berthelsen in view of Duchscher further discloses further comprising an additional antenna configured to communicate control data with the other hearing device (Berthelsen pg. 1, ¶ 0014 - ¶ 0015; pg. 3, ¶ 0031; Duchscher command and control information, see pg. 29, ¶ 0671).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berthelsen in view of Duchscher, and further in view of US Patent No 6694034 B2 to Julstrom et al. (“Julstrom”).
As to claim 8, Berthelsen in view of Duchscher discloses the hearing device of claim 1.
Berthelsen in view of Duchscher discloses disabling wireless communications in the second operation mode (Duchscher pg. 30, ¶ 0681; pg. 31, ¶ 0690), but does not expressly disclose wherein when the hearing device is in the second operation mode, the first communication unit and/or the first antenna is disabled by an operation of a switch inside the hearing device. However such the use of switches is known in the art, as taught by Julstrom, which discloses a similar hearing device, and further discloses the use of a switch system or circuitry inside the device for enabling or disabling an antenna or wireless communication system as well as a microphone, and selecting one input signal for use by the hearing device (see figures 1-2; col. 3, lines 39-64; col. 4, lines 23-36). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, as the use of switch elements are known in the art to enable the selection of one audio source when multiple audio sources are available (Julstrom col. 3, lines 39-64).
Claim(s) 7, 9, 24 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berthelsen in view of Duchscher, and further in view of US Patent Pub No 2011/0249836 A1 to Solum et al. (“Solum”).
As to claim 7, Berthelsen in view of Duchscher discloses the hearing device of claim 1.
Berthelsen in view of Duchscher discloses disabling wireless communications in the second operation mode (Duchscher pg. 30, ¶ 0681; pg. 31, ¶ 0690), but does not expressly disclose wherein when the hearing device is in the second operation mode, the first communication unit and/or the first antenna is disabled by reducing or removing power supplied to the first communication unit and/or to the first antenna. However such a configuration is known in the art, as taught by Solum, which discloses a similar hearing device, and further discloses the wireless functions can be placed in a low power or standby state (Solum pg. 1, ¶ 0003; pg. 3, ¶ 0031). The proposed modification is therefore considered obvious when disabling wireless communications as already taught by Berthelsen in view of Duchscher, the motivation being to conserve energy and extend the battery life of the hearing device when the wireless communications are not enabled or required for a particular operation (Solum pg. 1, ¶ 0003; pg. 3, ¶ 0031).
As to claim 9, Berthelsen in view of Duchscher and Solum further discloses wherein when the hearing device is in the second operation mode, the second communication unit of the other hearing device is in a standby mode (Solum pg. 1, ¶ 0003; pg. 3, ¶ 0031).
As to claim 24, Berthelsen in view of Duchscher and Solum further discloses wherein when wireless communication link is disabled, the communication unit of the hearing device is in a standby mode (Solum pg. 1, ¶ 0003; pg. 3, ¶ 0031).
As to claim 38, Berthelsen in view of Duchscher and Solum further discloses wherein when wireless communication link is disabled, the communication unit of the hearing device is in a standby mode (Solum pg. 1, ¶ 0003; pg. 3, ¶ 0031).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABRINA DIAZ whose telephone number is (571)272-1621. The examiner can normally be reached Monday-Friday 9am-5pm.
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/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693
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