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 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, 2, 4, 6, and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Daley et al. (US 2023/0076171) considered with Cheng et al. (US 2022/0295188).
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 and a receiver diaphragm 154, 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 configured to move relative to the receiver housing 146 to cause the receiver diaphragm 154 to move (see fig. 5, and para. 0042, regarding “moving coil drivers, such as acoustic driver 136, …”; see also, para. 0043, regarding that “acoustic driver 136 includes a driver housing 146, one or more magnets 148, a coil 150, and a plate 152 that, in response to electrical signals from BTE portion 102, move diaphragm 154 (mechanically coupled to the coil 150 via a bobbin 155) to generate audible acoustic energy”).
Daley discloses the invention as claimed, including that the receiver 136 comprises a moving coil 150 configured to move relative to the receiver housing 146 to cause the receiver diaphragm 154 to move, but fails to specifically teach that the moving coil 150 is configured to cause a center part of the receiver diaphragm to move. Cheng discloses a receiver 100 (see figure 1, for example) comprising a receiver housing 116, 118 and a receiver diaphragm 102, wherein the receiver 100 further includes a moving coil 108 configured to move relative to the receiver housing 116, 118 to cause a center part of the receiver diaphragm 102 to move. See Cheng, para. 0043, regarding “electrical current flowing through the voice coil 108 within the field produced by the magnet(s) 114 and shaped by the ferromagnetic parts produces a force on the voice coil 108 in the axial direction. This is transferred to the cone (or, ‘diaphragm’, or ‘piston’) 102 by the bobbin 110, resulting in motion of the cone 102, and the production of sound”. See also, Cheng, para. 0044, regarding that “the effective radiating surface may include the cone 102 and about half of the radial width of the suspension 106. An effective radiating area, Sd, of the transducer 100 may therefore be more than the physical area of the cone 102”. Cheng discloses such a receiver 100 including a moving coil 108 configured to move relative to the receiver housing 116, 118 to cause a center part of the receiver diaphragm 102 to move, in the same field of endeavor, for the purpose of “enhancing spectral output when compared with conventional transducers” (para. 0063).
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 Cheng, such that the receiver 100 of Cheng is used as the receiver 136 of Daley, wherein the receiver comprises a moving coil configured to move relative to the receiver housing to cause the receiver diaphragm to move, and further that the moving coil is configured to cause a center part of the receiver diaphragm to move. A practitioner in the art would have been motivated to do this for the purpose of enhancing spectral output when compared with conventional transducers.
Regarding claim 2, the earpiece 104 further includes a second microphone 142 configured to pickup sound from a surrounding of the user.
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.
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), in further view of Cheng et al. (US 2022/0295188).
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 and a receiver membrane 41 (diaphragm), 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 either: 1) that the earpiece includes a first microphone configured to pick up sound in the ear canal; or 2) that the receiver 4 comprises a moving coil configured to move relative to the receiver housing to cause a center part of the receiver diaphragm 41 to move.
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 configured to move relative to a receiver housing; 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. 0041-0043). 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. A practitioner in the art would have been motivated to do this for the purpose of producing sound with the receiver 4 and using a signal from the first microphone for active noise reduction or cancellation.
Cheng discloses a receiver 100 (see figure 1, for example) comprising a receiver housing 116, 118 and a receiver diaphragm 102, wherein the receiver 100 further includes a moving coil 108 configured to move relative to the receiver housing 116, 118 to cause a center part of the receiver diaphragm 102 to move. See Cheng, para. 0043, regarding “electrical current flowing through the voice coil 108 within the field produced by the magnet(s) 114 and shaped by the ferromagnetic parts produces a force on the voice coil 108 in the axial direction. This is transferred to the cone (or, ‘diaphragm’, or ‘piston’) 102 by the bobbin 110, resulting in motion of the cone 102, and the production of sound”. See also, Cheng, para. 0044, regarding that “the effective radiating surface may include the cone 102 and about half of the radial width of the suspension 106. An effective radiating area, Sd, of the transducer 100 may therefore be more than the physical area of the cone 102”. Cheng discloses such a receiver 100 including a moving coil 108 configured to move relative to the receiver housing 116, 118 to cause a center part of the receiver diaphragm 102 to move, in the same field of endeavor, for the purpose of “enhancing spectral output when compared with conventional transducers” (para. 0063). 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 Cheng, such that the receiver 100 of Cheng is used as the receiver 4 of Merca, wherein the receiver comprises a moving coil configured to move relative to the receiver housing to cause the receiver diaphragm to move, and further that the moving coil is configured to cause a center part of the receiver diaphragm to move. A practitioner in the art would have been motivated to do this for the purpose of enhancing spectral output when compared with conventional transducers.
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. The diaphragm 41 is configured to move in a direction that is perpendicular to an axis extending through the sound port 12 (see Merca, fig. 2, for example).
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) and Cheng et al. (US 2022/0295188), as applied to claim 1 above, in further view of Park et al. (US 2024/0365061).
Daley discloses the 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), Daley et al. (US 2023/0076171) and Cheng et al. (US 2022/0295188), 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.
Applicant’s arguments with respect to the claims have been considered but are moot because of the new grounds of rejection.
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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September 11, 2026
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