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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-11) in the reply filed on 05/18/2026 is acknowledged.
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 1-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olsen (US 6,430,296).
Regarding claim 1, Olsen teaches a hearing instrument (figure 1) configured to be worn in, on, or about an ear of a user (col. 2, lines 56-61), the hearing instrument comprising a receiver (7), a shell (1) defining an inner recess (1, 8, 9, 10, figure 1), processing circuitry (6) disposed within the inner recess (figure 1), the processing circuitry (6) being configured to cause the receiver of the hearing instrument to output sound (col. 2, lines 56-65; col. 5, lines 51-57 and figures 1, 6), a faceplate (2) coupled to the shell (figure 1), the faceplate (2) being configured to enclose the inner recess from an external environment, and a removable power source module (3, 23, 27, 28, 29, figures 1, 8) configured to be disposed within the inner recess (figures 1-3, col. 3, lines 14-22), the removable power source module comprising a power source (23, 30), wherein the removable power source module is removably affixed to the faceplate (figure 1).
Regarding claim 2, wherein the hearing instrument comprises a first electrical contact (36 and/or 22, figures 1, 6) disposed within the shell (1), wherein the first electrical contact (36) is electrically coupled to the processing circuitry (6), wherein the removable power source module (3) comprises a second electrical contact (22, 30, col. 4, lines 46-67 through col. 5, lines 1-23) electrically coupled to the power source (23), and wherein when the removable power source module is disposed within the inner recess, the first electrical contact is electrically coupled to the second electrical contact to supply electrical energy to the processing circuitry (figures 1, 2, 6, 7, 11, col. 4, lines 46-67 through col. 5, lines 1-23).
Regarding claim 3, Olsen teaches the removable power source module (3, figure 1) that is configured to be removed from within the inner recess (figure 1) without separating the shell and the faceplate (figure 1).
Regarding claim 4, Olsen teaches the removable power source module that comprises a cap (3), wherein the cap (3) is connected to the power source (23), and wherein the cap (3) is configured to be removably affixed with the faceplate (2) to secure the removable power source module to the faceplate (figures 1, 2).
Regarding claim 5, Olsen teaches the cap (3) that is removably affixed to the faceplate (2) via a fixation feature (24, 25, 26) disposed on one or more of the cap or the faceplate, the fixation feature comprising one or more of a gasket or a cross pin (col. 4, lines 53-57, figures 1, 2, 6, 7).
Regarding claim 6, Olsen teaches the hearing instrument, wherein when the cap (3) interfaces with the faceplate (2), the cap (3) seals the inner recess from the external environment (col. 5, lines 6-10).
Regarding claim 7, Olsen teaches the hearing instrument, wherein when the cap (3) is removably affixed to the faceplate (2), the power source (23) is entirely disposed within the inner recess (col. 4, lines 58-67 through col. 5, lines 1-10).
Regarding claim 10, Olsen teaches comprising one or more input ports (5, 33) disposed on the faceplate, wherein each input port of the one or more input ports (5, 33) is configured to electrically couple an input device (5) to the processing circuitry, and wherein the processing circuitry is configured to output the sound based at least in part on an electrical signal from the input device (5, figure 6, col. 2, lines 56-65; and col. 4, lines 40-57).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Olsen (US 6,430,296).
Olsen teaches the shell (1) adapted to the ear canal of the ear of the user (col. 1, lines 5-8 and col. 2, lines 54-56 and lines 66-67). Olsen does not specifically disclose that the shell is custom molded to the ear canal as claimed. However, the Examiner takes the Office Notice that providing a shell of a hearing device being custom molded to the ear canal of the ear of the user is well known in the art.
Therefore, it would have been obvious to one skilled in the art to provide the shell of the hearing aid device of Olsen being custom molded to the ear canal of the ear of the user for better adapting and fitting the hearing device to the user.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Olsen (US 6,430,296) in view of Fideler (US 6,144,749) or Patterson, III et al. (US 2021/0100467).
Olsen does not specifically disclose the removable power source module comprising a power regulation circuitry as claimed. However, providing a power regulation circuitry to a power source module is well known in the art.
Fideler’749 or Patterson, III et al. teaches a power regulation circuitry connected to a power source module (col. 3, lines 47-52 through col. 4, line 1 in Fideler’749; and 140, figure 3, paragraphs [0086] and [0151] in Patterson, III et al.).
Therefore, it would have been obvious to one skilled in the art to provide a power regulation circuitry, as taught by Fideler’749 or Patterson, III et al., to the power source module in the hearing aid device of Olsen, wherein the power regulation circuitry regulates a power level of the power source, and the power regulation circuitry is electrically coupled to the processing circuitry for better monitoring the condition and regulating the power level in the hearing device.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Olsen (US 6,430,296) in view of Arndt (US 5,201,008) or Fackler et al. (US 5,784,470).
Olsen does not specifically disclose a user interface (UI) control disposed on the faceplate as claimed. However, providing a user interface (UI) control disposed on the faceplate of a hearing aid device is well known in the art.
Arndt or Fackler et al. teaches a hearing aid device comprising a user interface (UI) control (26, figures 2-3 in Arndt; and 26, 42, figures 2-3 in Fackler et al.) disposed on the faceplate (14, figures 2-3 in Arndt; and 14, figures 2-3, col. 2, lines 66-67 through col 3, lines 1-21 and lines 44-61 in Fackler et al.).
Therefore, it would have been obvious to one skilled in the art to provide a user interface (UI) control disposed on the faceplate, as taught by Arndt or Fackler et al., in the hearing device of Olsen for better adjusting and controlling the amplification of sound in the hearing device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Narisawa (US 5,347,584) teaches a hearing aid comprising a cam attached to a taking-out knob that pushes up a battery holder by lifting up the taking-out knob when the hearing aid is taken out from an ear hole.
Fideler (US 7,443,992) teaches a method and apparatus for a modular hearing aid including a housing adapted to fit within at least a portion of the hearing canal, and having at least one access port, a cover adapted for at least partially covering the at least one access port, a signal processing electronics connected to a microphone and a power supply, and a fastener as a unitary connector of the cover and microphone housing to the housing.
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, Fan Tsang can be reached at (571) 272-7547. 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
May 28, 2026
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