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 .
Claim Objections
Claims 1 and 13 are objected to because of the following informalities: claim 1: page 1 lines 5-6, claim 13: page 6 lines 5-6, the limitation “non-transitory memory”, respectively. It’s a grammatical error. The examiner suggests to change to “a non-transitory memory”. Appropriate correction is required.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 and 20 of U.S. Patent No. 12,075,214. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-18 and 20 of U.S. Patent No. 12,075,214 are clearly anticipated or similar in scope to the rejected claims 1-20 of the U. S. Pat. App (No. 18/805,700) with only obvious wording variations. For example below:
Instant application
Claim Number
U.S. Patent No. 12,075,214
Claim Number
1. A system for aiding hearing, the system comprising: a programming interface configured to communicate with a device, the device including a housing securing a microphone, a speaker, a user interface, a processor, non- transitory memory, and storage therein, the device including a busing architecture communicatively interconnecting the microphone, the speaker, the user interface, the processor, the non-transitory memory, and the storage; the non-transitory memory accessible to the processor, the non-transitory memory including first processor- executable instructions that, when executed, by the processor cause the system to: program the processor with a plurality of preferred hearing ranges, the plurality of preferred hearing ranges being respective frequency ranges of sound corresponding to a hearing capacity of a patient; and the non-transitory memory accessible to the processor, the non-transitory memory including second processor-executable instructions that, when executed, by the processor cause the system to: receive an isolated input analog signal, convert the isolated input analog signal to a digital signal, transform the digital signal into a processed digital signal having the plurality of preferred hearing ranges, adjust a width of at least one of the plurality of preferred hearing ranges, convert the processed digital signal to an output analog signal, and drive the output analog signal to the speaker.
1. A system for aiding hearing, the system comprising: a programming interface configured to communicate with a device, the device including a housing securing a microphone, a speaker, a user interface, a processor, non- transitory memory, and storage therein, the device including a busing architecture communicatively interconnecting the microphone, the speaker, the user interface, the processor, the non-transitory memory, and the storage; the non-transitory memory accessible to the processor, the non-transitory memory including first processor- executable instructions that, when executed, by the processor cause the system to: program the processor with a plurality of preferred hearing ranges, the plurality of preferred hearing ranges being respective frequency ranges of sound corresponding to a hearing capacity of a patient; and the non-transitory memory accessible to the processor, the non-transitory memory including second processor-executable instructions that, when executed, by the processor cause the system to: receive an isolated input analog signal, convert the isolated input analog signal to a digital signal, transform the digital signal into a processed digital signal having the plurality of preferred hearing ranges, adjust a width of at least one of the plurality of preferred hearing ranges, convert the processed digital signal to an output analog signal, and drive the output analog signal to the speaker.
8. The system as recited in claim 1, wherein the device further comprises controls that allow the patient to adjust the width of at least one of the plurality of preferred hearing ranges.
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
1, 8
14
20, 17
15
13
16
14
17
15
18
16
19
17
20
18
As shown in table above, the limitations in claims 1-20 of pending Application can be found the limitations in claims 1-18 and 20 as indicated above of U.S. Patent No. 12,075,214. Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would recognize that they are not patentably distinct from each other. Accordingly, claims 1-20 of pending Application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 and 20 of U.S. Patent No. 12,075,214 for the reasons as stated above.
Allowable Subject Matter
Claims 1-20 are allowed if they overcome the nonstatutory double patenting rejections and claim objections above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN DUC NGUYEN whose telephone number is (571)272-8163. The examiner can normally be reached 6:30-3:00 PM.
Examiner interviews are available via telephone 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, Richard Elms can be reached on 571-272-1869. 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.
/TUAN D NGUYEN/Primary Examiner, Art Unit 2699
Prosecution Insights