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 .
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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1 Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No.12108221B2. Although the claims at issue are not identical, they are not patentably distinct from each other because No. 12108221. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761. For example, claim 1 of the pending application has the same limitations as claim 1 of the patent except for the following in bold. Therefore, claim 1 of the pending application is broader than claim 1 of the patent.
Current Application:18821678
USPatent:12108221
A hearing aid comprising: a behind-the-ear housing configured to be positioned at or behind an ear of a user, wherein the behind-the-ear housing comprises an input transducer and an internal antenna fully arranged within the behind-the-ear housing; an in-the-ear housing configured to be positioned at or at least partly in an ear canal of the ear, wherein the in-the ear housing comprises an output transducer; and a connector comprising a flexible body extending between the behind-the-ear housing and the in-the-ear housing and configured to electrically connect the behind-the-ear housing with the in-the-ear housing, and further comprising a flexible substrate having a plurality of electrical connections; wherein the flexible substrate comprises a first side and a second side opposite the first side, wherein at least a first portion of the plurality of electrical connections are formed at the first side of the flexible substrate and at least a second portion of the plurality electrical connections are formed on the second side of the flexible substrate.
5. The hearing aid according to claim 1, wherein the behind-the-ear housing comprises an interface having a plurality of pins or sockets and the connector includes a tab connector, the hearing aid further comprising an adaptor having a first end configured to interface with the plurality of pins or sockets and a second end configured to interface with the tab connector.
16. A hearing aid comprising: a behind-the-ear housing configured to be positioned at or behind an ear of a user, wherein the behind-the-ear housing comprises an input transducer, an antenna fully enclosed by the behind-the-ear housing, a wireless interface arranged in the behind-the-ear housing and configured to receive and/or transmit data using the antenna, an in-the-ear housing configured to be positioned at or at least partly in an ear canal of the ear, wherein the in-the-ear housing comprises an output transducer; a connector comprising a flexible body extending between the behind-the-ear housing and the in-the-ear housing and configured to electrically connect the behind-the-ear housing with the in-the-ear housing; wherein the flexible body comprises multiple electrical wires.
1. A hearing aid comprising: a behind-the-ear housing configured to be positioned at or behind an ear of a user, wherein the behind-the-ear housing comprises an input transducer and an internal antenna fully arranged within the behind-the-ear housing, wherein electrical components are configured to define an antenna length of the antenna; an in-the-ear housing configured to be positioned at or at least partly in an ear canal of the ear, wherein the in-the-ear housing comprises an output transducer; and a connector comprising a flexible body extending between the behind-the-ear housing and the in-the-ear housing and configured to electrically connect the behind-the-ear housing with the in-the-ear housing, and further comprising a flexible substrate having a plurality of electrical connections; wherein the flexible substrate comprises a first side and a second side opposite the first side, wherein at least a first portion of the plurality of electrical connections are formed at the first side of the flexible substrate and at least a second portion of the plurality electrical connections are formed on the second side of the flexible substrate, wherein the behind-the-ear housing comprises an interface having a plurality of pins or sockets configured to interface with a corresponding plurality of sockets or pins of the connector.
16. A hearing aid comprising: a behind-the-ear housing configured to be positioned at or behind an ear of a user, wherein the behind-the-ear housing comprises an input transducer, an antenna fully enclosed by the behind-the-ear housing, wherein electrical components are configured to define an antenna length of the antenna, a wireless interface arranged in the behind-the-ear housing and configured to receive and/or transmit data using the antenna, an in-the-ear housing configured to be positioned at or at least partly in an ear canal of the ear, wherein the in-the-ear housing comprises an output transducer; a connector comprising a flexible body extending between the behind-the-ear housing and the in-the-ear housing and configured to electrically connect the behind-the-ear housing with the in-the-ear housing; wherein the flexible body comprises multiple electrical wires, and wherein the behind-the-ear housing comprises an interface having a plurality of pins or sockets configured to interface with a corresponding plurality of sockets or pins of the connector.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claims 1-4, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ozden et. al. (US20140185848A1) in view of Higgins (US 20100124346A1).
As to Claim 1, Ozden teaches a hearing aid ( hearing aid , abstract) comprising: a behind-the-ear housing( housing 240, Figures 3- 8) configured to be positioned at or behind an ear of a user( [0088]), wherein the behind-the-ear housing comprises an input transducer ( microphone 260, Figure 8) and an internal antenna( antenna 210 having first pole element 211 and second pole element 212, [0093]) fully arranged within the behind-the-ear housing( 240); an in-the-ear housing configured to be positioned at or at least partly in an ear canal of the ear( ( ear mould 290 configured to be positioned in the ear of a user.[0093]), wherein the in-the-ear housing comprises an output transducer ( speaker 270); and a connector ( attachment member 200)comprising a flexible body( attachment member 200 is a cable assembly, [0086]) extending between the behind-the-ear housing(240) and the in-the-ear housing ( 290) and configured to electrically connect the behind-the-ear housing with the in-the-ear housing,[0086] teaches Conducting element 280 connects the signal processor 250 to receiver in the ear 270, thereby electrically transmitting the second audio signal from the signal processor 250 in the hearing aid housing 240 to the receiver in the ear 270. It is seen that the attachment member 200 is a cable assembly comprising at least conducting element 280 and at least a part of the first pole element 211. It is envisaged that more conducting elements may be provided connecting the receiver in the ear with hearing aid electronics, such as with the signal processor 250. Ozden does not explicitly teach further comprising a flexible substrate having a plurality of electrical connections; wherein the flexible substrate comprises a first side and a second side opposite the first side, wherein at least a first portion of the plurality of electrical connections are formed at the first side of the flexible substrate and at least a second portion of the plurality electrical connections are formed on the second side of the flexible substrate. However, Higgins in related field (hearing aid) teaches on [0034], Figures 1 and 12 modular connection assembly 10 includes a first connector 20 and a second connector 30. The first connector 20 includes a plurality of contacts 22 connected to a plurality of contacts 32 of the second connector 30 using a plurality of wires in cable 40. The electronics connected to the second connector 30 include, but are not limited to, a behind-the-ear type device, a receiver-in-the-canal type device, a receiver-in-the-ear type device, and an over the ear type of device. [0034]. Further, on Figures 6A, 6B and [0041]- [0043], Higgins teaches an injection molded circuit connector (IMC connector). The IMC 60 includes connection pads 66, traces 67, and contacts 62. [0042] Another embodiment of IMC 60 is shown in FIGS. 6G, H, I, J, K, and L. In the embodiment shown in FIGS. 6G to 6L, the traces 67 are continuous to both ends of IMC 60 and contacts 62 can be connected to the opposite end of the connector via traces 67. Although FIGS. 6G to 6L relate to a 5-connection example, it is understood that other numbers of connections may be made without departing from the scope of the present subject matter. [0043] IMC 60 can be used in connector 20, connector 30, or in both connectors. Thus, Higgins teaches a connector formed as an injection molded circuit connector having conductors formed on first and second side of the flexible substrate. FIG. 7 shows a process for construction of an IMC connector, according to one embodiment of the present subject matter. In this process the connector substrate is molded or cast 71. Such fabrication may include, but is not limited to, injection molding. The substrate is then laser patterned to provide patterns including one or more of connection pads, traces, and contacts 72. [0044]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to use a IMC connector 60 for connecting the hearing aid BTE housing to the in-ear housing since IMC can reduce overall cost of manufacture and provide consistent connection designs. See at least Higgins on [0043].
As to Claim 2, Ozden in view of Higgins teaches the limitations of Claim 1, and wherein the flexible body surrounds the flexible substrate so as to form a protective member along the length of the flexible substrate, [0035] of Higgins teaches various wires can be used in cable 40 and wires in cable 40 are enclosed in tubing made of flexible material. Also, plug portion 34 and 38 and IMC circuit 39 disposed within the insulative two-part plug portion 34 and 38, [0039], Figures 3-4.
As to Claim 3, Ozden in view of Higgins teaches the limitations of Claim 1, and wherein the behind-the-ear housing further comprises a wireless interface (wireless communication unit 130 housed within housing 140) coupled to the flexible substrate (coupled to first pole element 111 of antenna within sound tube 100. Figure 1 and [0082]
As to Claim 4, Ozden in view of Higgins teaches the limitations of Claim 1, and wherein the flexible substrate has a rectangular cross section, and/or wherein the flexible substrate is a multi-layer flexible circuit board where at least part of the plurality of transmission paths are formed on respective opposite sides of the flexible substrate, Higgins on [0041]- [0043] teaches The IMC 60 includes connection pads 66, traces 67, and contacts 62. [0042] Another embodiment of IMC 60 is shown in FIGS. 6G, H, I, J, K, and L. In the embodiment shown in FIGS. 6G to 6L, the traces 67 are continuous to both ends of IMC 60 and contacts 62 can be connected to the opposite end of the connector via traces 67. Although FIGS. 6G to 6L relate to a 5-connection example, it is understood that other numbers of connections may be made without departing from the scope of the present subject matter.
As to Claim 16, Ozden teaches a hearing aid ( hearing aid , abstract) comprising: a behind-the-ear housing( housing 240, Figures 3- 8) configured to be positioned at or behind an ear of a user( [0088]), wherein the behind-the-ear housing comprises an input transducer ( microphone 260, Figure 8) and an internal antenna( antenna 210 having first pole element 211 and second pole element 212, [0093]) fully arranged within the behind-the-ear housing( 240); an in-the-ear housing configured to be positioned at or at least partly in an ear canal of the ear( ( ear mould 290 configured to be positioned in the ear of a user.[0093]), wherein the in-the-ear housing comprises an output transducer ( speaker 270); and a connector ( attachment member 200)comprising a flexible body( attachment member 200 is a cable assembly, [0086]) extending between the behind-the-ear housing(240) and the in-the-ear housing ( 290) and configured to electrically connect the behind-the-ear housing with the in-the-ear housing,[0086] teaches Conducting element 280 connects the signal processor 250 to receiver in the ear 270, thereby electrically transmitting the second audio signal from the signal processor 250 in the hearing aid housing 240 to the receiver in the ear 270. It is seen that the attachment member 200 is a cable assembly comprising at least conducting element 280 and at least a part of the first pole element 211. It is envisaged that more conducting elements may be provided connecting the receiver in the ear with hearing aid electronics, such as with the signal processor 250. Ozden does not explicitly teach further comprising a flexible substrate having a plurality of electrical connections; wherein the flexible substrate comprises a first side and a second side opposite the first side, wherein at least a first portion of the plurality of electrical connections are formed at the first side of the flexible substrate and at least a second portion of the plurality electrical connections are formed on the second side of the flexible substrate. However, Higgins in related field (hearing aid) teaches on [0034], Figures 1 and 12 modular connection assembly 10 includes a first connector 20 and a second connector 30. The first connector 20 includes a plurality of contacts 22 connected to a plurality of contacts 32 of the second connector 30 using a plurality of wires in cable 40. The electronics connected to the second connector 30 include, but are not limited to, a behind-the-ear type device, a receiver-in-the-canal type device, a receiver-in-the-ear type device, and an over the ear type of device. [0034]. Further, on Figures 6A, 6B and [0041]- [0043], Higgins teaches an injection molded circuit connector (IMC connector). The IMC 60 includes connection pads 66, traces 67, and contacts 62. [0042] Another embodiment of IMC 60 is shown in FIGS. 6G, H, I, J, K, and L. In the embodiment shown in FIGS. 6G to 6L, the traces 67 are continuous to both ends of IMC 60 and contacts 62 can be connected to the opposite end of the connector via traces 67. Although FIGS. 6G to 6L relate to a 5-connection example, it is understood that other numbers of connections may be made without departing from the scope of the present subject matter. [0043] IMC 60 can be used in connector 20, connector 30, or in both connectors. Thus, Higgins teaches a connector formed as an injection molded circuit connector having conductors formed on first and second side of the flexible substrate. FIG. 7 shows a process for construction of an IMC connector, according to one embodiment of the present subject matter. In this process the connector substrate is molded or cast 71. Such fabrication may include, but is not limited to, injection molding. The substrate is then laser patterned to provide patterns including one or more of connection pads, traces, and contacts 72. [0044]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to use a IMC connector 60 for connecting the hearing aid BTE housing to the in-ear housing since IMC can reduce overall cost of manufacture and provide consistent connection designs. See at least Higgins on [0043].
2. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ozden et. al. (US20140185848A1) in view of Higgins (US 20100124346A1) in further view of Ma et al. (US 20090177097), hereinafter “Ma”.
As to Claim 11, Ozden in view of Higgins teaches the limitations of Claim 1, but does not explicitly teach wherein the in-the-ear housing includes one or more sensors selected from the group including sensors for sensing temperature, pressure, EEG, accelerometers, gyro sensors or other direction/inclination/orientation sensors. However, hearing devices including sensors are well known in the art. Ma in related field teaches earphone 50 including an accelerometer/G sensor for detecting steps from running or walking motion. See at least [0034], Figure 3. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to include a well-known electronic component such as an accelerometer within the in-the-ear housing of the hearing aid device to improve the functionality of the hearing aid to further user’s activity.
3. Claims 12-15, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ozden et. al. (US20140185848A1) in view of Higgins (US 20100124346A1) in further view of Goldstein (US 20140119557).
As to Claim 12, Ozden in view of Higgins teaches the limitations of Claim 1, but does not explicitly teach wherein the in-the-ear housing includes a memory device and/or a processor and/or a filter device. However, in the ear hearing aid including a memory and/or processor is well-known in the art. Goldstein in related field (Hearing device teaches an earpiece on Figures 5B including a memory storage 585 operatively connected to a logic circuit 572. [0070]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to include a memory device within the in-the ear housing store data such as registration or audio content data. [0070] and Figure 5A and 5B.
As to Claim 13, Ozden in view of Higgins teaches the limitations of Claim 1, but does not explicitly teach wherein the in-the-ear housing includes a first input transducer, and the hearing aid further comprises a processor in the behind-the-ear housing and/or in the in-the-ear housing, configured to process the output from the first input transducer. However, in the ear hearing aid including an input transducer is well-known in the art. Goldstein in related field (Hearing device teaches an earpiece on Figures 5B including an ear canal microphone (ECM) 590 that can pick up audio in the ear canal region, an ear canal receiver (ECR) 580 that can direct audio content to the ear drum, all of which can be connected operatively to a logic circuit 572. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to include an ear canal microphone 590 within the in-the ear housing to pick up audio in the ear canal region. [0070] and Figure 5A and 5B.
As to Claim 14, Ozden in view of Higgins in further view of Goldstein teaches the limitations of Claim 13, wherein the in-the-ear housing further comprises a second input transducer, (earpiece 500 including an ambient microphone 520 in addition to ear canal microphone 570) and the processor (572, Figures 3, 5A, 5B, [0067] is further configured to process audio signals based on output from both the first input transducer (ECM 570) and the second input transducer (520).
As to Claim 15, Ozden in view of Higgins teaches the limitations of Claim 1, and Ozden further comprising a processor (signal processor 250), in the behind-the-ear part (hearing aid housing 240, Figure 2a) configured to process the output from the input transducer (260, [0085]) so as to compensate for a hearing loss of the user. Ozden in view of Higgins does not explicitly teach, the processor and the input transducer are housed within the in-the-ear part and the processor is configured to process the output from the input transducer so as to compensate for a hearing loss of the user. However, in the ear hearing aid including an input transducer is well-known in the art. Goldstein in related field (Hearing device teaches an earpiece on Figures 5B including an ear canal microphone (ECM) 590 that can pick up audio in the ear canal region, an ear canal receiver (ECR) 580 that can direct audio content to the ear drum, all of which can be connected operatively to a logic circuit 572. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to include an ear canal microphone 590 within the in-the ear housing to pick up audio in the ear canal region and the processor 572 to process the output of microphone 590 to achieve desired results. [0070] and Figure 5A and 5B.
As to Claim 18, Ozden in view of Higgins teaches the limitations of Claim 1, but does not explicitly teach wherein the memory is arranged in the in-the-ear housing. However, in the ear hearing aid including a memory and/or processor is well-known in the art. Goldstein in related field (Hearing device teaches an earpiece on Figures 5B including a memory storage 585 operatively connected to a logic circuit 572. [0070]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to include a memory device within the in-the ear housing store data such as registration or audio content data. [0070] and Figure 5A and 5B.
Allowable Subject Matter
Claims 5-10, 17 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims if the ODP is overcome.
Conclusion
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691