The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6, and 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daley et al. (US 2023/0076171).
Regarding claim 1, Daley discloses an earpiece 104 for a hearing device 100 (see figs. 4 and 5, for example), the earpiece 104 comprising: an earpiece housing 126, 138 for insertion into an ear canal of a user (see para. 0038, regarding “the receiver-in-canal portion 104 (hereinafter ‘RIC portion 104’) is configured to sit within a user’s ear canal”), the earpiece housing 126, 138 having a proximal end (e.g., end of nozzle 138), a distal end (e.g., end opposite of the proximal end), and an earpiece axis extending between the distal end and the proximal end, the earpiece housing 126, 138 having an outer surface extending between the distal end and the proximal end; a receiver 136 comprising a receiver housing 146, the receiver 136 located within the earpiece housing 126, 138; and a first microphone 140 configured to pick up sound in the ear canal. The receiver 136 comprises a moving coil 150.
Regarding claim 2, the earpiece 104 further includes a second microphone 142 configured to pickup sound from a surrounding of the user.
Regarding claim 3, the earpiece housing 126, 138 comprises a sound port at the proximal end. The sound port is in fluid communication with a receiver outlet of the receiver 136. Specifically, the receiver 136 outputs sound through nozzle 138 and the sound port at the proximal end.
Regarding claim 4, the earpiece housing 126, 138 comprises a vent opening (see fig. 4, for example). The vent opening is in fluid communication with a receiver vent 144 of the receiver 136 (see fig. 5, for example). See also, para. 0046, regarding “a single acoustic port 144 is open to rear cavity 134”.
Regarding claim 6, the first microphone 140 is between the receiver 136 and the proximal end of the earpiece housing 126, 138.
Regarding claim 8, the earpiece 104 further includes a seal between the receiver housing 146 and an inner surface of the earpiece housing 126, 138, the seal configured to seal a proximal acoustic chamber (e.g., front cavity 132) of the earpiece 104 from a distal acoustic chamber (e.g., rear cavity) of the earpiece 104. See fig. 4, for example.
Regarding claim 9, the earpiece 104 further includes a wire 106 extending from the distal end of the earpiece housing 126, 138; and a connector (e.g., electrical connections or contacts) at a distal end of the wire 106 for connecting the earpiece 104 to a behind-the-ear part 102. See fig. 1.
Regarding claim 10, the earpiece 104 further includes a dome (e.g., deformable tip T) configured to attach to a spout (e.g., nozzle 138) of the earpiece housing 126, 138.
Regarding claim 11, Daley discloses a hearing device comprising a behind-the-ear part 102 and an earpiece 104 according to claim 1. See fig. 1.
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.
Claims 1-3, 6, 7, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Merca (US 2022/0174438) considered with Daley et al. (US 2023/0076171).
Merca discloses an earpiece for a hearing device (see figs. 2-5, for example), the earpiece comprising: an earpiece housing 81, 82 for insertion into an ear canal 101 of a user, the earpiece housing 81, 82 having a proximal end (e.g., at sound outlet 12), a distal end (e.g., end of the earpiece housing 81, 82 opposite of the proximal end 12), and an earpiece axis X_O extending between the distal end and the proximal end, the earpiece housing 81, 82 having an outer surface extending between the distal end and the proximal end; and a receiver 4 comprising a receiver housing, the receiver 4 located within the earpiece housing 81, 82.
Merca discloses the invention as claimed, including that the earpiece can include a plurality of microphones (see para. 0046), but fails to specifically teach that earpiece includes a first microphone configured to pick up sound in the ear canal, or that the receiver 4 comprises a moving coil. Daley discloses an earpiece 104 for a hearing device (see figs. 2 & 5, for example), the earpiece 104 including: an earpiece housing for insertion into an ear canal of a user; a receiver 136 having a moving coil 150; and a microphone 140 configured to pick up sound in the ear canal, in the same field of endeavor, for the purpose of producing sound with an electrodynamic coil driver of the receiver 136 and using a signal from the microphone 140 for active noise reduction or cancellation (see para. 0041-0042).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Merca, in view of Daley, such that the earpiece includes a first microphone configured to pick up sound in the ear canal, and that the receiver 4 comprises a moving coil. A practitioner in the art would have been motivated to do this for the purpose of producing sound with an electrodynamic coil driver of the receiver 4 and using a signal from the first microphone for active noise reduction or cancellation.
Regarding claim 2, the earpiece further includes a second microphone 5 configured to pickup sound from a surrounding of the user.
Regarding claim 3, the earpiece housing 81, 82 comprises a sound port 12 at the proximal end. The sound port 12 is in fluid communication with a receiver outlet of the receiver 4. Specifically, the receiver 4 outputs sound through nozzle and the sound port 12 at the proximal end.
Regarding claim 6, the first microphone is located in the nozzle, as taught by Daley, and as such is between the receiver 4 and the proximal end of the earpiece housing 81, 82.
Regarding claim 7, the receiver housing has a first end, a second end, and a receiver axis X_R extending between the first end and the second end. See Merca, figs. 4 and 5, for example. The receiver axis X_R and the earpiece axis X_O forming an angle ꭤ2 that is anywhere from 10 degrees to 80 degrees. See Merca, para. 0058.
Regarding claim 9, the earpiece further includes a wire (cable) extending from the distal end of the earpiece housing 81, 82; and a connector (e.g., electrical connections or contacts) at a distal end of the wire for connecting the earpiece to a behind-the-ear (BTE) part. See Merca, para. 0031.
Regarding claim 10, the earpiece further includes a dome configured to attach to a spout of the earpiece housing 81, 82. See Merca, para. 0032.
Regarding claim 11, Daley discloses a hearing device comprising a behind-the-ear (BTE) part and an earpiece according to claim 1. See Merca, para. 0031.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Daley et al. (US 2023/0076171), as applied to claim 1 above, in further view of Park et al. (US 2024/0365061).
Daley discloses then invention as claimed, including a first microphone 140 configured to pick up sound in the ear canal, but fails to specifically teach that the first microphone 140 has a membrane perpendicular or parallel to the earpiece axis. Park discloses an earpiece 300 (see fig. 5, for example), including a microphone 430 configured to pick up sound in an ear canal of the user, wherein the microphone 430 is either a dynamic microphone or a condenser microphone (see para. 0088), either of which will include a membrane, and the membrane is parallel to the earpiece axis which is in the direction of arrow s2, in the same field of endeavor, for the purpose of acquiring sound in the ear canal in the direction of s3 thereby improving the performance of the microphone 430 (see para. 0107).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Daley, in view of Park, such that the first microphone 140 has a membrane parallel to the earpiece axis. A practitioner in the art would have been motivated to do this for the purpose of acquiring sound in the ear canal in the direction perpendicular to the earpiece axis thereby improving the performance of the microphone 140.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Merca (US 2022/0174438) considered with Daley et al. (US 2023/0076171), as applied to claim 1 above, in further view of Park et al. (US 2024/0365061).
Merca, as modified and applied to claim 1 above, discloses then invention as claimed, including a first microphone configured to pick up sound in the ear canal, but fails to specifically teach that the first microphone has a membrane perpendicular or parallel to the earpiece axis X_O. Park discloses an earpiece 300 (see fig. 5, for example), including a microphone 430 configured to pick up sound in an ear canal of the user, wherein the microphone 430 is either a dynamic microphone or a condenser microphone (see para. 0088), either of which will include a membrane, and the membrane is parallel to the earpiece axis which is in the direction of arrow s2, in the same field of endeavor, for the purpose of acquiring sound in the ear canal in the direction of s3 thereby improving the performance of the microphone 430 (see para. 0107).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Merca, in view of Park, such that the first microphone has a membrane parallel to the earpiece axis X_O. A practitioner in the art would have been motivated to do this for the purpose of acquiring sound in the ear canal in the direction perpendicular to the earpiece axis thereby improving the performance of the microphone.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on the PTO-892 each disclose an earpiece.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W HUBER whose telephone number is (571)272-7588.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen, can be reached at telephone number 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W HUBER/Primary Examiner, Art Unit 2691
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January 27, 2026