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 .
Election/Restrictions
Applicant’s election without traverse of claims 13-20 in the reply filed on 01/20/2026 is acknowledged.
Claims 1-12 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/20/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "the earpiece" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the earpiece" in lines 3 and 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the earpiece" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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)(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) 13 and 15-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by VOIT et al. (2016/0200044).
Regarding claim 13, VOIT et al. discloses a method for producing at least one
Earpiece [0037], the method comprising:
providing a cartridge comprising a transparent vial [0045], at least partially filled
with a curable liquid printing material [0032], [0046], a cap sealing the vial [0045] and at least one solid structure submerged in the liquid printing material ([0041], claim 16), inserting the cartridge into a printer configured for volumetric 3D printing [0029], providing the printer with data for the earpiece to be printed, determining a location of the submerged solid structure using optical means, printing the at least one earpiece around the at least one solid structure by volumetric 3D printing using the printer, extracting the at least one earpiece from the cartridge [0029].
Regarding claims 15-16, VOIT et al. discloses perforating the cap [0046] and post processing steps [0038].
Regarding claim 17, VOIT et al. discloses UV curing [0030].
Claim(s) 13-15 and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by GENTRY et al. (WO 2021/096873).
Regarding claims 13 and 20, GENTRY et al. discloses a method for producing at least one earpiece for a hearing instrument, the method comprising: providing a cartridge comprising a transparent vial [0047], at least partially filled with a curable liquid printing material ([0059], Fig.4-container 402), a cap sealing the vial and at least one solid structure submerged in the liquid printing material, inserting the cartridge into a printer configured for volumetric 3D printing (Fig.5), [0065], providing the printer with data (a computer-readable medium, claim 29) for the earpiece to be printed, determining a location of the submerged solid structure using optical means [0074], printing the at least one earpiece around the at least one solid structure by volumetric 3D printing using the printer (Fig.5, [0065]), extracting the at least one earpiece from the cartridge [0108].
Regarding claim 14, GENTRY et al. discloses radiating light beams [0063]-[0064].
Regarding claim 15, GENTRY et al. discloses removing the plug [0105], [0118].
Regarding claim 18, GENTRY et al. discloses removing the at least one earpiece [0089].
Regarding claim 19, GENTRY et al. discloses the at least one solid structure comprises a microphone [0092]-[0094].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
a) SUN et al. (2018/0000570) discloses three-dimensional fabrication.
b) SCHMIDT (EP 4601320) discloses earpiece for a hearing device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STELLA KIM YI whose telephone number is (571)270-5123. The examiner can normally be reached Monday-Friday 8:00-5:00 EST.
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STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/ Primary Examiner, Art Unit 1742
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