DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691.
This communication is responsive to the claims filed 08/08/2024.
Notice of Pre-AIA or AIA Status
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 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.
Claim Rejections - 35 USC § 102
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 1-6, 9-15 and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cabrera et al. (U. S. Pat. App. Pub. No. – 2017/0303029).
Regarding claim 1, Cabrera et al. disclose an ear dome (1H) configured to seal an ear canal of a user (Figs 24a/b, [0212]), the ear dome configured to be attached to a hearing device ([0212-0213]), the ear dome comprising: a tubular portion (6H) configured to provide a fluid connection between the hearing device and the ear canal ([0214]), wherein the tubular portion comprises a first opening (Figs 24a/b), the first opening being configured to point towards the hearing device when the ear dome is worn by the user ([0214]); and a first circumferential flange (3H) connected to the tubular portion, wherein the first circumferential flange extends radially outwards from the tubular portion ([0212]); wherein the first circumferential flange curves away from the first opening and forms a concave surface facing the tympanic membrane (Fig. 24b), when the ear dome is worn by the user as claimed.
Regarding claim 2, Cabrera et al. further disclose the ear dome, comprising a reinforcement portion (10, 18)(Fig. 7).
Regarding claim 3, Cabrera et al. further disclose the ear dome, wherein the reinforcement portion comprises a second circumferential flange (3) connected to the first circumferential flange, and wherein the second circumferential flange extends radially outwards from the first circumferential flange (Figs 6a/b).
Regarding claim 4, Cabrera et al. further disclose the ear dome, wherein the second circumferential flange curves towards the first opening and forms a convex surface with respect to the tympanic membrane, when the ear dome is worn by the user (Figs 5-6).
Regarding claim 5, Cabrera et al. further disclose the ear dome, wherein the reinforcement portion comprises a rib (17) at an inner surface of the first circumferential flange (Fig. 18b).
Regarding claim 6, Cabrera et al. further disclose the ear dome, wherein the rib is at the concave surface formed by the first circumferential flange (Fig. 18b).
Regarding claim 9, Cabrera et al. further disclose the ear dome, wherein the reinforcement portion is configured (Figs. 24a/b) to ensure a formation of the concave surface and/or to maintain a curving direction of the concave surface ([0212]).
Regarding claim 10, Cabrera et al. further disclose the ear dome, comprising a second opening , the second opening being configured to point towards the tympanic membrane when the ear dome is worn by the user (Figs. 24a/b).
Regarding claim 11, Cabrera et al. further disclose the ear dome, wherein the first circumferential flange is connected at the tubular portion between the first opening and the second opening (Figs. 24a/b).
Regarding claim 12, Cabrera et al. further disclose the ear dome, wherein the first circumferential flange is closer to the first opening than to the second opening (Fig. 7).
Regarding claim 13, Cabrera et al. further disclose the ear dome, wherein the first circumferential flange is closer to the second opening than to the first opening (Figs. 24a/b).
Regarding claim 14, Cabrera et al. further disclose the ear dome, wherein the second opening is at the tubular portion (Figs. 24a/b).
Regarding claim 15, Cabrera et al. further disclose the ear dome, wherein the second opening is at the concave surface formed by the first circumferential flange (Fig. 7).
Regarding claim 17, Cabrera et al. further disclose the ear dome, wherein the ear dome is configured to provide a first sound pressure (one side of 12) that is anti-phase with respect to a second sound pressure (other side of 12) provided by walls of the ear canal of the user, when the ear dome is worn by the user (Figs. 4a/b-7, 31-32).
Regarding claim 18, Cabrera et al. further disclose the ear dome, wherein the first sound pressure being anti-phase with respect to the second sound pressure is configured to reduce an occlusion effect (Figs. 4a/b-7, 31-32).
Regarding claim 19, Cabrera et al. further disclose the ear dome, wherein a system comprising the ear dome and the hearing device ([0002]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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 7-8 and 16 are rejected under 35 U.S.C. 103(a) as being unpatentable over Cabrera et al. (U. S. Pat. App. Pub. No. – 2017/0303029).
Regarding claims 7-8, Cabrera et al. may not specially teach that the reinforcement portion comprises a foam at an inner surface of the first circumferential flange as claimed. Since providing suitable material for an ear dome of a hearing device is very well known in the art (Official Notice), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable material for the ear dome, such as the reinforcement portion comprises a foam at an inner surface of the first circumferential flange, and/or the foam is at the concave surface formed by the first circumferential flange, for the ear dome of the hearing device taught by Cabrera et al., in order to provide desirable features, such as comfort for the hearing device users.
Regarding claim 16, Cabrera et al. may not specially teach that an inner dimension of the concave surface of the first circumferential flange is from 1-4 mm, and wherein an outer dimension of the concave surface of the first circumferential flange is anywhere from 6-12 mm as claimed. Since providing suitable sized ear dome for an in the canal type hearing device is very well known in the art (Official Notice), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable sized ear dome, such as an inner dimension of the concave surface of the first circumferential flange is from about 2.5mm, and wherein an outer dimension of the concave surface of the first circumferential flange is anywhere from 6-12 mm, for the ear dome of the hearing device taught by Cabrera et al., in order to effectively and efficiently manufacture the hearing device for certain users.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm.
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/SUHAN NI/Primary Examiner, Art Unit 2691