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 Rejections - 35 USC § 112
Claim 20 is 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 20 recites the limitation "the insertion hole" in lines 6-7. 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)(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, 14-15 and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nassler (US 4,879,750).
Regarding claim 1, Nassler teaches an ear wearing sound output device (figures 3, 4, 8, 9) comprising a speaker unit (6, 6.4), a sound guide portion (15, 15.5, 16, 17, figures 4, 8, 9) that includes a hole portion (15, 15.5, 16 and/or 17) having an insertion hole (15.5, 17, 18.5, 30, figure 8) and transmits sound output from the speaker unit via the hole portion (15, 15.5, 16, 17), and an insertion member (19, 19.5, 32, figure 9) that includes an insertion main body portion (19.5, figure 9) located in the insertion hole (15.5, 17, 18.5, 30, figures 4, 8, col. 3, lines 65-68 through col. 4, lines 1-2), and a tab (32, figures 9) integrally provided with the insertion main body portion (19.5, figure 9) and at least partially located outside the insertion hole (figures 8, 9, col. 4, lines 5-9).
Regarding claim 2, Nassler teaches the ear wearing sound output device, wherein the tab (32) includes a tab coupling portion (note the tab coupling portion of the tab or the arm 32 in figures 8, 9) coupled to the insertion main body portion (19.5, figure 9) and extending in an extending direction of the insertion hole (figures 8, 9), and a tab extension portion (note the tab extension portion of the tab or the arm 32 in figures 8, 9) coupled to the tab coupling portion and separated from the insertion main body portion (figures 8, 9).
Regarding claim 3, Nassler teaches the ear wearing sound output device, wherein the tab (32) includes a tab coupling portion (note the tab coupling portion of the tab or the arm 32 in figures 8, 9) coupled to the insertion main body portion (19.5, figure 9) and extending in a circumferential direction of the insertion hole (figures 8, 9, col. 4, lines 5-9), and a tab extension portion (note the tab extension portion of the tab or the arm 32 in figures 8, 9) coupled to the tab coupling portion and separated from the insertion main body portion (figures 8, 9).
Regarding claim 4, as broadly claimed, Nassler teaches the ear wearing sound output device, wherein the hole portion (15, 15.5, figure 8) includes a cutout portion (31, figure 8), and at least a part of the tab (32) is located in the cutout portion (figure 8).
Regarding claim 5, as broadly claimed, Nassler teaches the ear wearing sound output device, wherein at least a part of the tab (32, figure 9) is located at a position different from the insertion main body portion (19.5, figure 9) with respect to the extending direction of the insertion hole (17, 18.5, 30).
Regarding claim 6, Nassler teaches the ear wearing sound output device, wherein the tab (32) has a hollow portion covering at least a part of the insertion hole (figures 8, 9).
Regarding claim 14, Nassler teaches the ear wearing sound output device comprising a microphone (47).
Regarding claim 15, Nassler teaches the ear wearing sound output device comprising a signal processing portion (46) that processes a sound signal output from the microphone (47), wherein the speaker unit (6.4) outputs sound based on the sound signal processed by the signal processing portion (also see col. 2, lines 59-68 through col. 3, lines 1-11).
Regarding claim 18, Nassler teaches the ear wearing sound output device having a hearing aid function of outputting surrounding sound collected by the microphone from the speaker unit (col. 2, lines 59-68 through col. 3, lines 1-11).
Regarding claim 19, Nassler teaches an ear wearing sound output device (figures 3, 4, 8, 9) comprising a speaker unit (6, 6.4), a sound guide portion (15, 15.5, 16, 17, figures 4, 8, 9) that includes a hole portion (15, 15.5, 16 and/or 17) having an insertion hole (15.5, 17, 18.5, 30, figure 8) and a cutout portion (31, figure 8) and transmits sound output from the speaker unit (6, 6.4) via the hole portion (15, 15.5, 16 and/or 17), and an insertion member (19, 19.5, 32, figure 9) including an insertion main body portion (19.5, figure 9) located in the insertion hole.
Regarding claim 20, Nassler teaches an insertion member (19, 19.5, 32, figure 9) attached to a hole portion (15, 15.5, 16, 17) of an ear wearing sound output device (figures 3, 4, 8, 9), the insertion member (19, 19.5, 32, figure 9) comprising an insertion main body portion (19.5, figure 9), and a tab (32, figures 9) provided integrally with the insertion main body portion and at least partially located outside the insertion hole in a state where the insertion main body portion (19.5, figure 9) is located in the insertion hole (15.5, 17, 18.5, 30, figures 4, 8, col. 3, lines 65-68 through col. 4, lines 1-2) of the hole portion (15, 15.5, 16, 17).
Claim Rejections - 35 USC § 103
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 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 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nassler (US 4,879,750).
Regarding claims 7-8, Nassler does not disclose the tab and/or the sound guide portion including a marking portion as claimed. However, it would have been obvious to one skilled in the art to providing any marking portion on the tab and/or the sound guide portion (15, 15.5, 16, 17, 32, figures 4, 8, 9) in the system of Nassler, wherein the marking portion is visually recognizable for better providing a desired amount of coupling and/or attaching for securely attaching the insertion member to the sound guide portion in the system.
Regarding claim 9, Nassler teaches a tab (32, figures 9) integrally provided with the insertion main body portion (19.5, figure 9). Nassler does not specifically disclose at least a part of the tab including resin as claimed. However, Nassler does not restrict any material for the insertion main body portion and/or tab.
Therefore, it would have been obvious to one skilled in the art to provide any material to the tab such as providing at least a part of the tab including a resin for providing a better material to the tab and better removing and/or attaching the insertion member to the system.
Regarding claim 10, Nassler does not specifically disclose a rigidity of at least a part of the tab that is higher than rigidity of the insertion main body portion. However, Nassler does not restrict any material for the insertion main body and/or tab.
Therefore, it would have been obvious to one skilled in the art to provide any material to the insertion main body and/or tab such as providing a rigidity of at least a part of the tab that is higher than rigidity of the insertion main body portion for an alternate choice for providing a better material to the tab and the insertion main body portion, and for better removing and/or attaching the insertion member to the system.
Regarding claim 11, Nassler does not specifically disclose the insertion main body portion having a cushioning property. However, Nassler does estimate a flexible material for the insertion main body portion (col. 3, lines 45-46).
Therefore, it would have been obvious to one skilled in the art to provide any flexible material for the insertion main body portion in the system of Nasser such as providing the insertion main body portion having cushioning property for providing a better material to the insertion main body portion and for better removing and/or attaching the insertion member to the system.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Nassler (US 4,879,750) in view of Haertl (US 4,987,597) and/or Weiss et al. (US 4,972,488).
Regarding claims 12-13, Nassler does not specifically disclose the insertion member (19, 19.5) provided as an equalizer that adjusts a frequency of sound transmitted and provided as a foreign substance entry prevention body as claimed. However, providing a cap, a barrier or an insertion member in a hearing aid provided as an equalizer that adjusts a frequency of sound transmitted and provided as a foreign substance entry prevention body is known in the art.
Haertl and/or Weiss teaches a cap, a barrier or an insertion member (figures 4, 5, 8, 9, 12, 13, 16 in Haertl; and figures 22, 23, 24, and 28-31 in Weiss) in a hearing aid provided as an equalizer that adjusts a frequency of sound transmitted and/or provided as a foreign substance entry prevention body (col. 3, lines 11-33 and col. 4, lines 49-56 in Haertl; and see the abstract, figures 22, 23, 24, and 28-31, col. 14, lines 53-68 through col. 15, lines 1-26 in Weiss).
Therefore, it would have been obvious to one skilled in the art to provide the cap, or the insertion member provided as an equalizer that adjusts a frequency of sound transmitted and provided as a foreign substance entry prevention body that suppresses entry of a foreign substance into the insertion hole, as taught by Haertl and/or Weiss, in the system of Nasseler for better modifying the frequency response of the hearing aid and better blocking the migration of naturally occurring ear wax or smaller particles in the system.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nassler (US 4,879,750) in view of Iseberg (US 5,887,070) and/or Kelsey (US 2,430,229).
Regarding claim 16, Nassler does not specifically teach a detachable member provided separately from the insertion member (19.5) and detachably attached to the sound guide portion (15, 15.5, 16, 17) as claimed. However, providing a detachable member detachably attached to a sound guide portion in an earphone or in-the-ear hearing aid is known in the art.
Iseberg and/or Kelsey teaches a detachable member (38, 39, 40, 41, figures 1-2 and col. 3, lines 34-59 in Iseberg; and 10, 10A, 10B, 10C, figures 1, 2, 5, 11 in Kelsey) detachably attached to a sound guide portion (35, 42, figure 2 in Iseberg; and 12, figures 1, 2, 5, 11 and col. 2, lines 49-55 through col. 3, lines 1-15 in Kelsey).
Therefore, it would have been obvious to one skilled in the art to provide the detachable member, as taught by Iseberg and/or Kelsey, provided separately from the insertion member and detachably attached to the sound guide portion in the system of Nassler for better providing a seal and better fitting to the ears of the wearers.
Regarding claim 17, Nassler in view of Iseberg and/or Kelsey teaches the detachable member including an ear attachment that emits sound transmitted from the sound guide portion as claimed (figure 2 in Iseberg; and 12, figures 1, 2, 5, 11 in Kelsey).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gunnersen et al. (US 8,019,106) teaches a replaceable ear wax guard for placement in an opening in a housing wall of a hearing aid, wherein the ear wax guard comprises a tubular element with a through-going cavity and an abutment collar in one end for sealing abutment against the hearing aid housing.
Neilson (US 7,471,800) teaches a customizable cerumen guard for a hearing aid having a shell, a receiver, a receiver tube, and aperture in the shell communicating with the receiver tube, wherein the cerumen guard includes an insert insertable into the shell aperture, and wherein the insert has a chamber therein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571) 272-7502. The examiner can normally be reached 9:30 am-6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (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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/HUYEN D LE/Primary Examiner, Art Unit 2694 HL
September 28, 2026
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