Prosecution Insights
Last updated: April 19, 2026
Application No. 18/784,892

METHODS AND SYSTEMS FOR EVALUATING HEARING THRESHOLD OF USER AFTER USING BONE-CONDUCTION HEARING AID

Non-Final OA §102§103
Filed
Jul 25, 2024
Examiner
SAUNDERS JR, JOSEPH
Art Unit
2692
Tech Center
2600 — Communications
Assignee
Shenzhen Shokz Co. Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
93%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
538 granted / 740 resolved
+10.7% vs TC avg
Strong +21% interview lift
Without
With
+20.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
27 currently pending
Career history
767
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
40.0%
+0.0% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 740 resolved cases

Office Action

§102 §103
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 . This Office action is based on the communications filed July 25, 2024. Claims 1 – 20 are currently pending and considered below. Information Disclosure Statement The information disclosure statement (IDS) submitted on August 15, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 4, 11, 14, and 20 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Hillbratt et al. (US 2010/0041940 A1), hereinafter Hillbratt. Claim 1: Hillbratt discloses a method for evaluating a hearing threshold of a user after using a bone-conduction hearing aid, comprising: obtaining a bone-conduction hearing threshold of the user (see at least, “In block 406, measurement data may be obtained related to the recipient's ability to perceive sound at various frequencies when the hearing device is fitted to the recipient. In one embodiment, the measurement data may be related to bone conduction threshold levels at various frequencies. For example, audiogram data may be generated that indicates bone conduction threshold levels for the signal power at which the recipient is able to perceive sound at various frequencies. However, it is noted that the measurement data may be any level of percept at a specific frequency or range of frequencies for the recipient and does not necessary need to be the threshold level. Bone conduction threshold is typically the level where a stimulus or a change in stimulus to the bone is sufficient to produce a certain sensation or an effect (e.g., minimum level for the recipient to perceive a sound). The stimulus used is preferably a series of sinusoids, warble tone, noise or pure tones; however, the stimulus may be any suitable stimulus,” Hillbratt [0042]); obtaining a bone-conduction component input-output curve of the bone-conduction hearing aid (see at least, “Based on the measurement data, the external device at block 408 generates a default control setting for the electronic unit 114. In one embodiment, this default control setting increases the amplification at a frequency or multiple frequencies where the recipient's ability to perceive sound is reduced. In other embodiments, the control setting provides lower amplification at other frequencies,” Hillbratt [0048], “Target audiogram 207 illustrated in FIGS. 5 and 6 illustrates measurement data or other data in the acoustic domain; that is, using acoustic-based data which is the form commonly used by audiologists to fit hearing aids,” Hillbratt [0056]); and determining the hearing threshold of the user after using the bone-conduction hearing aid (see at least, “In one embodiment, the control settings may be altered by repeatedly increasing or decreasing the output of the electronic unit until the desired percept is reached. For example, if the third party or recipient indicates that the threshold level for a specific frequency is inadequate, the external device may increase the output of the electronic unit until the desired percept is reached. This measurement data may then be stored in the memory unit of the hearing device as a control setting for this frequency. This procedure may be repeated for all or some frequencies,” Hillbratt [0053]) based on the bone-conduction hearing threshold of the user (see at least, “At block 410, the initial control settings indicating, for example, the threshold level for the recipient, may be stored in the memory unit of the hearing device as default control settings for subsequent use,” Hillbratt [0050]) and the bone-conduction component input-output curve of the bone-conduction hearing aid (see at least, “To further enhance the recipient's perception, the control settings may be altered. The altering of the control settings may occur at the initial fitting of the hearing device or at a subsequent time. As illustrated in FIG. 4 at block 412, the stored default control settings are used to generate additional measurement data,” Hillbratt [0051]). Claim 4: Hillbratt discloses the method of claim 1, wherein the obtaining a bone-conduction component input-output curve includes: determining the bone-conduction component input-output curve based on at least one preset parameter of the bone-conduction hearing aid (see at least, “determining measurement data related to the recipient's ability to perceive sound at a predetermined frequency,” Hillbratt [0010]). Claim 11 is directed to a device for evaluating a hearing threshold of a user after using a bone-conduction hearing aid, comprising a processor and a memory, wherein the memory is configured to store instructions, and when executing the instructions, the processor causes the device to perform operations substantially similar in scope to claim 1 and therefore is rejected for the same reasons (see also at least, “an external control device, and at least one memory unit for storing control data for controlling the signal processing unit, Hillbratt [0009], “As noted above, the external devices described herein include interactive software and computer hardware to configure individualized recipient control settings. Therefore, the embodiments described herein may be carried out on a computer readable medium having computer-executable instructions for executing the recipient customization of the bone conducting hearing device,” Hillbratt [0068]). Claim 14 is substantially similar in scope to claim 4 and therefore is rejected for the same reasons. Claim 20 is directed to a computer-readable storage medium, wherein the storage medium stores computer instructions, and when reading the computer instructions in the storage medium, a computer executes operations substantially similar in scope to claim 1 and therefore is rejected for the same reasons (see also at least, “an external control device, and at least one memory unit for storing control data for controlling the signal processing unit, Hillbratt [0009], “As noted above, the external devices described herein include interactive software and computer hardware to configure individualized recipient control settings. Therefore, the embodiments described herein may be carried out on a computer readable medium having computer-executable instructions for executing the recipient customization of the bone conducting hearing device,” Hillbratt [0068]). 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) 2, 6, 7, 9, 10, 12, and 16 – 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hillbratt in view Reiger et al. (US 2013/0223634 A1), hereinafter Reiger. Claim 2: Hillbratt discloses the method of claim 1, but does not disclose wherein the obtaining a bone-conduction component input-output curve includes: obtaining a bone-conduction output curve of a left ear of the user and a bone-conduction output curve of a right ear of the user; and obtaining a corrected bone-conduction output curve of the left ear and a corrected bone-conduction output curve of the right ear by correcting an intensity of a bone-conduction component in the bone-conduction output curve of the left ear and an intensity of a bone-conduction component in the bone-conduction output curve of the right ear. However, Reiger discloses a similar method of fitting a binaural hearing aid system and further discloses obtaining a bone-conduction output curve of a left ear of the user and a bone-conduction output curve of a right ear of the user (see at least, “In an aspect of the present application, an object of the application is achieved by a method of fitting a binaural hearing aid system to a user, the binaural hearing aid system comprising first and second hearing instruments adapted for being located at or in the right and left ear, respectively, of a user, the first and second hearing instruments being adapted to apply a frequency dependent gain to an input signal according to a user's hearing impairment, and for presenting an enhanced output signal to the user,” Reiger [0018], “In an embodiment, said basic hearing loss data are different for the first and second hearing instruments, if said hearing loss class is DIFFERENT. Preferably, the first and second hearing losses being defined as being DIFFERENT results in applying different target gains for fitting the first and second hearing instruments. In an embodiment, the hearing loss data for the hearing loss class DIFFERENT used in the calculation of target values in the first and second hearing instruments are the respective relevant hearing loss data HLI (f,) and HLif,), i=l, 2, ... , NHL for the first and second ears, respectively. Preferably, the audiogram HL-value from the respective sides are used to determine the target gains of the respective hearing instruments for hearing loss class DIFFERENT (i.e. for each instrument HII and HI2 , the respective relevant hearing loss data HLI(f,) and HLif,), i=l, 2, ... , N HD are used to determine a target gain for the instrument in question), thus leading to different target gains for the first and second hearing instruments,” Reiger [0056]); and obtaining a corrected bone-conduction output curve of the left ear and a corrected bone-conduction output curve of the right ear by correcting an intensity of a bone-conduction component in the bone-conduction output curve of the left ear and an intensity of a bone-conduction component in the bone-conduction output curve of the right ear (see at least, “In an embodiment, the first and second sets of stored basic gain values are modified over a period of time (during normal operation of the hearing instruments) from initial values towards the target gain values. In an embodiment, the first and second sets of stored basic gain values are modified over a period of time according to a specific modification algorithm. This may be advantageous for a first time user of the binaural hearing aid system. In an embodiment, the frequency dependent gains applied in the first and second hearing instruments are increased (e.g. in predetermined steps) over a period of time (e.g. months) from the initial gain values towards the target gain values determined according to the present disclosure. Thereby the (typical) way of slowly increasing the gains towards intended values is combined with the fitting procedure of the present disclosure (to allow a ( first time) user to get accustomed to the system over a certain period of time),” Reiger [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Reiger in the invention of Hillbratt thereby allowing for the advantage of being “useful in applications such as binaural hearing aid systems fitted to a user with an asymmetrical hearing loss,” Reiger [0002]. Claim 6: Hillbratt discloses the method of claim 1, wherein the determining the hearing threshold of the user after using the bone-conduction hearing aid includes: determining the hearing threshold of the user after using the bone-conduction hearing aid based on the bone-conduction hearing threshold, and the bone-conduction component input-output curve (see at least, “In one embodiment, the control settings may be altered by repeatedly increasing or decreasing the output of the electronic unit until the desired percept is reached. For example, if the third party or recipient indicates that the threshold level for a specific frequency is inadequate, the external device may increase the output of the electronic unit until the desired percept is reached. This measurement data may then be stored in the memory unit of the hearing device as a control setting for this frequency. This procedure may be repeated for all or some frequencies,” Hillbratt [0053], “At block 410, the initial control settings indicating, for example, the threshold level for the recipient, may be stored in the memory unit of the hearing device as default control settings for subsequent use,” Hillbratt [0050], “To further enhance the recipient's perception, the control settings may be altered. The altering of the control settings may occur at the initial fitting of the hearing device or at a subsequent time. As illustrated in FIG. 4 at block 412, the stored default control settings are used to generate additional measurement data,” Hillbratt [0051]), but does not disclose further comprising: obtaining an air-conduction hearing threshold of the user; and obtaining an air-conduction component input-output curve of the bone-conduction hearing aid, wherein the determining the hearing threshold of the user after using the bone-conduction hearing aid includes: determining the hearing threshold of the user after using the bone-conduction hearing aid based on the air-conduction hearing threshold, the air-conduction component input-output curve. However, Reiger discloses a similar method of fitting a binaural hearing aid system and further discloses obtaining an air-conduction hearing threshold of the user (see at least, “In a normal hearing test using an ear phone for playing soft sounds at different (pure tone) frequencies, the so-called air conduction hearing threshold (ACHL) is determined (the sounds reach the ear drum and the middle and inner ear via sound vibrations in the air). Air conduction hearing loss (ACHL) are indicated in the audiograms of FIGS. 1 to 3 by 'o' -symbols for left and right ears,” Reiger [0112]); and obtaining an air-conduction component input-output curve of the bone-conduction hearing aid (see at least, “In an embodiment, the hearing loss data to form the basis for calculating sets of frequency dependent target gain values for the two hearing instruments of a binaural hearing aid system by classifying the similarity of audiograms for the left and right ears of a user are based on air conduction hearing loss data (ACHL(f),” Reiger [0115], “The air conduction hearing threshold (ACHL) is a composite measure of two different hearing loss contributions: a) the conductive part (ABG) and b) the sensorineural part. A hearing threshold for the sensorineural part may be represented by the bone conduction threshold (BCHL),” Reiger [0116]), wherein the determining the hearing threshold of the user after using the bone-conduction hearing aid includes: determining the hearing threshold of the user after using the bone-conduction hearing aid based on the air-conduction hearing threshold, the air-conduction component input-output curve (see at least, “A hearing loss difference measure may be based on one or more of the above parameters and relate to a single value (e.g. a maximum value at a single frequency at one ear or to a maximum difference value between the two ears at a single frequency) or to differences of values (at left and right ears), to a (possibly weighted) sum of values, to absolute values, to relative values, etc.,” Reiger [0123]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned air conduction features of Reiger for determining the hearing threshold of the user after using the bone-conduction hearing aid in the invention of Hillbratt thereby allowing for the advantage of being “useful in applications such as binaural hearing aid systems fitted to a user with an asymmetrical hearing loss,” Reiger [0002]. Claim 7: Hillbratt and Reiger disclose the method of claim 6, wherein the obtaining an air-conduction component input-output curve includes: determining the air-conduction component input-output curve based on at least one preset parameter of the bone-conduction hearing aid. (see at least, “determining measurement data related to the recipient's ability to perceive sound at a predetermined frequency,” Hillbratt [0010]), “The multiplication with specific weights allows a control of the influence of specific frequency components on the calculated measure (HLDM),” Reiger [0118]). Claim 9: Hillbratt and Reiger disclose the method of claim 6, wherein the obtaining an air-conduction component input-output curve includes: obtaining a perception threshold curve of the user for a bone-conduction sound and an air-conduction sound (see at least, “In an embodiment, the hearing loss data to form the basis for calculating sets of frequency dependent target gain values for the two hearing instruments of a binaural hearing aid system by classifying the similarity of audiograms for the left and right ears of a user are based on air conduction hearing loss data (ACHL(f),” Reiger [0115], “The air conduction hearing threshold (ACHL) is a composite measure of two different hearing loss contributions: a) the conductive part (ABG) and b) the sensorineural part. A hearing threshold for the sensorineural part may be represented by the bone conduction threshold (BCHL),” Reiger [0116]); and determining the hearing threshold of the user after using the bone-conduction hearing aid based on the perception threshold curve, the air-conduction hearing threshold, the air-conduction component input-output curve, the bone-conduction hearing threshold, and the bone-conduction component input-output curve (see at least, “In one embodiment, the control settings may be altered by repeatedly increasing or decreasing the output of the electronic unit until the desired percept is reached. For example, if the third party or recipient indicates that the threshold level for a specific frequency is inadequate, the external device may increase the output of the electronic unit until the desired percept is reached. This measurement data may then be stored in the memory unit of the hearing device as a control setting for this frequency. This procedure may be repeated for all or some frequencies,” Hillbratt [0053], “At block 410, the initial control settings indicating, for example, the threshold level for the recipient, may be stored in the memory unit of the hearing device as default control settings for subsequent use,” Hillbratt [0050], “To further enhance the recipient's perception, the control settings may be altered. The altering of the control settings may occur at the initial fitting of the hearing device or at a subsequent time. As illustrated in FIG. 4 at block 412, the stored default control settings are used to generate additional measurement data,” Hillbratt [0051], “A hearing loss difference measure may be based on one or more of the above parameters and relate to a single value ( e.g. a maximum value at a single frequency at one ear or to a maximum difference value between the two ears at a single frequency) or to differences of values (at left and right ears), to a (possibly weighted) sum of values, to absolute values, to relative values, etc.,” Reiger [0123]). Claim 10: Hillbratt and Reiger disclose the method of claim 9, further comprising: correcting a sound field hearing threshold of the user; correcting the hearing threshold after using the bone-conduction hearing aid; and determining a hearing aid gain based on the corrected sound field hearing threshold of the user and the corrected hearing threshold after using the bone-conduction hearing aid (see at least, “Typically a fitting rationale for calculating appropriate frequency dependent gains from a user's (frequency dependent) hearing thresholds (audiogram) calculates only monaural ('per ear') gains, and assume that correction in case of a the binaural fitting boils down to a level adjustment to each independent calculation. The level adjustment provides that gains on both ears are reduced by a certain (identical) amount ( e.g. between O and 5 dB). This means that a traditional fitting rationale (e.g. NAL-RP or NAL-NL2 (NAL=National Acoustic Laboratories, Australia))-in case of a binaural fitting-results in two independent fittings,” Reiger [0004], “In the present disclosure it is proposed to integrate the hearing loss (HL) data of the two ears of a person into a binaural audiogram ( one audiogram representing left AND right ears) as a base for any fitting rationale. Binaural audiograms only makes sense as long as the hearing losses of the left and right ears are within certain limits of each other ('reasonable similar'). If the differences are big ('asymmetric loss'), the fitting rationale should calculate gains individually for each ear based on two monaural audiograms,” Reiger [0007]. Claims 12 and 16 – 19 are substantially similar in scope to claims 2, 6, 7, 9, and 10, respectively, and therefore are rejected for the same reasons. Claim(s) 3 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hillbratt and Reiger in view Hamacher (US 2013/0156202 A1), hereinafter Hamacher. Claim 3: Hillbratt and Reiger disclose the method of claim 2, but do not disclose wherein the correcting an intensity of a bone-conduction component in the bone-conduction output curve of the left ear and an intensity of a bone-conduction component in the bone-conduction output curve of the right ear includes: adding a transmission bone-conduction component from the right ear to the left ear to the intensity of the bone-conduction component in the bone-conduction output curve of the left ear; and adding a transmission bone-conduction component from the left ear to the right ear to the intensity of the bone-conduction component in the bone-conduction output curve of the right ear. However, Hamacher discloses in regards to a similar bone conduction hearing aid system correcting an intensity of a bone-conduction component in the bone-conduction output curve of the left ear and an intensity of a bone-conduction component in the bone-conduction output curve of the right ear includes: adding a transmission bone-conduction component from the right ear to the left ear to the intensity of the bone-conduction component in the bone-conduction output curve of the left ear; and adding a transmission bone-conduction component from the left ear to the right ear to the intensity of the bone-conduction component in the bone-conduction output curve of the right ear (see at least, “The right ear hearing aid 10A also comprises a filter unit 18A for generating a right ear cross-talk compensation signal from the processed audio signals of the right ear audio signal processing unit 14A, according to an estimated transcranial transfer function from the right ear bone conduction output transducer 16A to the left ear cochlea 20B and an adder unit 22A for adding a left ear cross talk compensation signal received from the left ear hearing aid 10B to the processed audio signals produced by the right ear audio signal processing unit 14A,” Hamacher [0022], “The left ear hearing aid 10B comprises the like components as the right ear hearing aid 10A, but in a mirrorlike manner, i.e. the left ear filter unit 18B is for generating a left ear cross-talk compensation signal from the processed audio signals of the left ear signal processing unit 14 B according to an estimated transcranial transfer function from the left ear bone conduction output transducer 16B to the right ear cochlea 20A, and the adder unit 22B is for adding the right ear cross-talk compensation signal generated by the right ear filter unit 18B to the processed audio signals produced by the left ear audio signal processing unit 14B,” Hamacher [0025], “The hearing aids 10A, 10B also include means for exchanging the cross-talk compensation signals between the hearing aids, i.e. means for sending the right ear cross-talk compensation signal from the right ear filter unit 18A to the left hear hearing aid 1 OB and for sending the left ear cross-talk compensation signal from the left ear filter unit 18B to the right ear hearing aid 10A,” Hamacher [0026]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Hamacher in the invention of Hillbratt and Reiger given Hamacher states, “The invention is beneficial in that, by exchanging cross-talk compensation signals generated according to the respective estimated transcranial transfer function between the right ear side and the left ear side and by subjecting such contralateral cross-talk compensation signal from the "direct" ipsilateral signal prior to supplying the ipsilateral signal as input to the bone conduction output transducer, cross talk compensation can be achieved, thereby preserving binaural effects,” Hamacher [0016]. Claim 13 is substantially similar in scope to claim 3 and therefore is rejected for the same reasons. Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hillbratt in view Maas (US 2017/0118563 A1), hereinafter Maas. Claim 5: Hillbratt discloses the method of claim 1, but does not disclose wherein the obtaining a bone-conduction component input-output curve includes: obtaining a sound pressure of a test air-conduction sound and a bone-conduction force level generated by the bone-conduction hearing aid under the action of the test air-conduction sound; and determining the bone-conduction component input-output curve based on the sound pressure of the test air-conduction sound and the bone-conduction force level. However, Maas disclose a measurement apparatus for a similar bone conduction hearing device. Maas further discloses wherein the obtaining a bone-conduction component input-output curve includes: obtaining a sound pressure of a test air-conduction sound and a bone-conduction force level generated by the bone-conduction hearing aid under the action of the test air-conduction sound (see at least, “The sound input component, such as microphone, is adapted to receive an incoming sound such as from auditory environment or a test signal (sound signal) and to generate a corresponding electrical Signal,” Maas [0008], “In yet another embodiment, the determined characteristics is the force applied by the acoustic signal at the diaphragm of the measurement microphone. The determination unit may be adapted to determine the applied force at the diaphragm of the microphone by utilizing the determined sound pressure level (dB SPL) or sound pressure (Pa) of the acoustic signal (as indicated in the preceding paragraph) and specifications of the measurement microphone such as surface area of the diaphragm of the measurement microphone. The apparatus may include the memory or may access a locally available or remote database that are adapted to store the specification of the measurement microphone; the determination unit may be adapted to access the stored specification. Thus, determining the force applied at the measurement microphone using the determination unit enables characterization of the acoustic signal, thus in turn determining the characteristics of the vibrations produced at the skull by bone conduction hearing aid in response to the applied sound signal,” Maas [0024]); and determining the bone-conduction component input-output curve (see at least, “The measurement relates to determining transfer function of the bone conduction hearing aid when the bone conduction hearing aid is mounted on the head of the hearing aid user,” Maas [0011]) based on the sound pressure of the test air-conduction sound and the bone-conduction force level (see at least, “Thus, determining the force applied at the measurement microphone using the determination unit enables characterization of the acoustic signal, thus in turn determining the characteristics of the vibrations produced at the skull by bone conduction hearing aid in response to the applied sound signal,” Maas [0024]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Maas in the invention of Hillbratt thereby allowing for the advantage of “facilitating calibration and/or operation of the bone-conduction hearing device,” Maas [0001]. Claim 15 is substantially similar in scope to claim 5 and therefore is rejected for the same reasons. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hillbratt and Reiger in view Maas. Claim 8: Hillbratt and Reiger disclose the method of claim 6, but does not disclose wherein the obtaining an air-conduction component input-output curve includes: obtaining a sound pressure of a test air-conduction sound and an air-conduction sound pressure generated by the bone-conduction hearing aid under the action of the test air-conduction sound; and determining the air-conduction component input-output curve based on the sound pressure of the test air-conduction sound and a bone-conduction force level. However, Maas disclose a measurement apparatus for a similar bone conduction hearing device. Maas further discloses wherein the obtaining an air-conduction component input-output curve includes: obtaining a sound pressure of a test air-conduction sound and an air-conduction sound pressure generated by the bone-conduction hearing aid under the action of the test air-conduction sound (see at least, “The sound input component, such as microphone, is adapted to receive an incoming sound such as from auditory environment or a test signal (sound signal) and to generate a corresponding electrical Signal,” Maas [0008], “In yet another embodiment, the determined characteristics is the force applied by the acoustic signal at the diaphragm of the measurement microphone. The determination unit may be adapted to determine the applied force at the diaphragm of the microphone by utilizing the determined sound pressure level (dB SPL) or sound pressure (Pa) of the acoustic signal (as indicated in the preceding paragraph) and specifications of the measurement microphone such as surface area of the diaphragm of the measurement microphone. The apparatus may include the memory or may access a locally available or remote database that are adapted to store the specification of the measurement microphone; the determination unit may be adapted to access the stored specification. Thus, determining the force applied at the measurement microphone using the determination unit enables characterization of the acoustic signal, thus in turn determining the characteristics of the vibrations produced at the skull by bone conduction hearing aid in response to the applied sound signal,” Maas [0024]); and determining the air-conduction component input-output curve (see at least, “In an embodiment, the determination unit is adapted to determine, based on the determined characteristics of the received electrical signal, a quantity representative of vibrational force produced at a skull by the bone conduction device in response to the sound signal. Additionally or alternatively, the determination unit is adapted to generate a calibration data i) by comparing the quantity with a comparable quantity associated with the predefined characteristics of the sound signal and/or ii) by comparing the quantity with a comparable quantity comprising a calibration curve between a related quantity and a related vibrational force produced at the skull,” [0026]) based on the sound pressure of the test air-conduction sound and a bone-conduction force level (see at least, “Thus, determining the force applied at the measurement microphone using the determination unit enables characterization of the acoustic signal, thus in turn determining the characteristics of the vibrations produced at the skull by bone conduction hearing aid in response to the applied sound signal,” Maas [0024]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Maas in the invention of Hillbratt and Reiger thereby allowing for the advantage of “facilitating calibration and/or operation of the bone-conduction hearing device,” Maas [0001]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH SAUNDERS whose telephone number is (571)270-1063. The examiner can normally be reached Monday-Thursday, 9:00 a.m. - 4 p.m., EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH SAUNDERS JR/Primary Examiner, Art Unit 2692
Read full office action

Prosecution Timeline

Jul 25, 2024
Application Filed
Feb 04, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
93%
With Interview (+20.6%)
2y 9m
Median Time to Grant
Low
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