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 .
Status of Claims
This Nonfinal Office Action is in response to the Amendment and Remarks filed 01/22/2026. Claims 1 and 15 are amended. Claims 2-3 and 16-17 are cancelled. Claims 1, 4-15 and 18-20 are currently pending and considered herein.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 4-15 and 18-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 recites, wherein the abstract elements are not emboldened:
A server device to control data exchange between an accessory device and a healthcare platform, the server device comprising: a memory; one or more interfaces; and one or more processors; wherein the server device is configured to: electronically obtain, from the healthcare platform, a first request for a first permission to share accessory data with the health care platform, wherein the first request comprises a device identifier; electronically transmit the first request to the accessory device; electronically obtain, from an accessory device, the accessory data based on hearing data of a hearing device, wherein the accessory data is associated with the device identifier; electronically obtain, from the accessory device, a consent to share the accessory data with a the health care platform, wherein the consent to share the accessory data is provided by the accessory device in response to the first request transmitted by the server device; and electronically share the accessory data associated with the device identifier with the healthcare platform in accordance with the consent.
Independent claim 15 recites substantially similar limitations. The claimed invention is directed to the abstract idea of collecting information including hearing information and permission information, analyzing the information, and sharing the information with a healthcare platform used by doctors, nurses and hospital staff.
The limitations of to “obtain accessory data based on hearing data of a hearing device; obtain a consent to share the accessory data; and share the accessory data in accordance with the consent,” as drafted, is a process that, under its broadest reasonable interpretation, is an abstract idea that covers performance of the limitation as organizing human activity including following rules or instructions. The claim recites as a whole a method of organizing human activity because the limitations include a method that allows users to access medical data including accessory data and hearing data, analyze the data, and sharing these data based on a consent to share. This is a method of managing interactions between people. The mere nominal recitation of a generic server device, hearing device, accessory device, memory, interfaces, health care platform and electronically obtaining or transmitting data using a generic computer processor does not take the claims out of the method of organizing human interactions grouping. The limitations seem to monopolize the abstract idea of patient analysis with a hearing device and general diagnostic techniques between a clinician and her patient that are well-established and conventional. Thus, the claims recite an abstract idea.
The claims can also be classified as an abstract idea including mental processes. That is, other than reciting a generic server device, hearing device, accessory device, memory, interfaces, health care platform and generic computer processor, nothing in the claim elements precludes the steps from practically being performed in the mind. For example, but for the generic computer devices and application and electronically sending and receiving data, receiving hearing information related to a patient and accessory information related to a device and determining to share those data based on a consent, in the context of this claim, encompasses one skilled in the pertinent art to manually determine the details of the data for analysis and determining consent to further share data with a physician. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a generic server device, hearing device, accessory device, memory, interfaces, health care platform and generic computer processor. The devices and clients and software in these steps are recited at a high-level of generality (i.e., as a generic processor/server/storage/display performing a generic computer function of receiving inputs, analyzing the inputs, and displaying or transmitting selected information) such that it amounts no more than mere instructions to apply the exception using a generic computer component or process. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is thus directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of a generic server device, hearing device, accessory device, memory, interfaces, health care platform and electronically obtaining or transmitting data using a generic computer processor amount to no more than mere instructions to apply the exception using a computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
The dependent claims do not remedy the deficiencies of the independent claims with respect to patent eligible subject matter. The dependent claims further limit the abstract idea. Claims 4-6 and 18-20 define obtaining another consent from a computer device and transmitting information. Claim 7 describes a sensor activation request, which is recited at a high level of generality such that it amounts no more than mere instructions to apply the judicial exception using a generic computer component and cannot provide an inventive concept. Even in combination, the sensor activation request for activating a sensor of the hearing device does not integrate the abstract idea into a practical application and does not amount to significantly more than the abstract idea itself. Therefore, the claims are not patent eligible. Claims 8-11 further describe obtaining consent and additional data. Claims 12-14 comprise a hearing system and server device, hearing device and accessory device, which are recited at a high level of generality such that it amounts no more than mere instructions to apply the judicial exception using a generic computer component and cannot provide an inventive concept. Even in combination, the devices do not integrate the abstract idea into a practical application and does not amount to significantly more than the abstract idea itself. Therefore, the claims are not patent eligible. The additional limitations from dependent claims merely detail a type of data input or calculated from one source or another, or the sending and receiving and storing and retrieving of information. Therefore, the claims are not patent eligible.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 4-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 10,652,671 B2 to Meier et al., hereinafter “Meier,” in view of U.S. 2020/0273566 A1 to Bhowmik et al., hereinafter “Bhowmik” and further in view of U.S. 2022/0114246 A1 to El Guindi et al., hereinafter “El Guindi.”
Regarding claim 1, Meier discloses A server device to control data exchange between an accessory device and a healthcare platform, the server device comprising: a memory; one or more interfaces; and one or more processors (See Meier at least at Abstract; Col. 4, ln. 17 – Col. 5, ln. 34; Claims 1, 5; Figs. 1-5); wherein the server device is configured to: electronically obtain, from the healthcare platform, a first request for a first permission to share the accessory data with the health care platform, wherein the first request comprises a device identifier; (See id. at least at Abstract; Col. 4, ln. 30 – Col. 6, ln. 4; Col. 7, ln. 62 – Col. 9, ln. 40; Col. 10, ln. 54-60; Figs. 1-4); electronically transmit the first request to the accessory device (See id. at least at Abstract; Col. 4, ln. 30-67 (“[T]o enable third party application programs running on a cloud server or on a personal communication device, such as a smartphone (or even as an instance or service on the hearing instrument), of the hearing instrument user to utilize hearing instrument functions/data for providing third party services to the hearing instrument.”); Col. 7, ln. 62 – Col. 9, ln. 40 (certification request for access); Figs. 1-4); and electronically obtain, from an accessory device, the accessory data based on hearing data of a hearing device, wherein the accessory data is associated with the device identifier (See id. at least at Abstract; Col. 4, ln. 30-67 (“[T]he invention relates to a method of allowing controlled third party access to hearing instrument functions or data in order to enable third party application programs running on a cloud server or on a personal communication device, such as a smartphone (or even as an instance or service on the hearing instrument), of the hearing instrument user to utilize hearing instrument functions/data for providing third party services to the hearing instrument.”); Col. 7, ln. 62 – Col. 9, ln. 40; Figs. 1-4); See also Bhowmik at least at Abstract; Paras. [0017]-[0023]; Figs. 1-5);
Meier may not specifically describe but Bhowmik teaches to electronically obtain, from the accessory device, a consent to share the accessory data with the health care platform (See Bhowmik at least at Abstract; Paras. [0006]-[0009], [0017]-[0023], [0046]-[0049], [0108]-[0118] (“health monitoring system 100 may allow third-party user 114 (e.g., a professional, physicians, friend, or relative) to remotely access device usage and health/wellness information or other health-related data based on the consent of user 112. The health-related data may include data regarding physical activity, cognitive fitness based on social activity and other factors, compliance with suggested health regimens or guidelines, and other physiological measurements collected by sensors built into ear-wearable device(s) 102, sensor devices 110, accessory devices, or other types of devices.”), [0122]; Claims 3, 10; Figs. 1-5); and electronically share the accessory data associated with the device identifier with the healthcare platform in accordance with the consent (See id.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier to incorporate the teachings of Bhowmik and provide consent for sharing particular data and for interactions between hearing devices and computer devices. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik and the system and method of operating a hearing device as in Meier would thereby improve the sharing of data between the devices.
The references may not specifically describe but El Guindi teaches wherein the consent to share the accessory data is provided by the accessory device in response to the transmitted first request transmitted by the server device (See El Guindi at least at Abstract; Paras. [0037]-[0040] (“[T]he generation of the respective sharing approval by the device of this trusted party comprises generating and encrypting a sharing approval with the symmetric key of this trusted party and, for example, transmitting thus encrypted sharing approval to a predetermined receiving device of the hearing system for a next step of the present method […] storing an identification number (ID) and/or a public key of the respective trusted party in the central server; and providing the sharing request to the device of the respective trusted party comprises transmitting the sharing request from the central server to the device of the respective trusted party. This may, for instance, include providing a sharing request to said central server, whereupon it transmits the sharing request to the device of the respective trusted party […] generating the respective sharing approval may comprise transmitting a signed sharing permission signed with a private key of the respective trusted party from its device to the central server.”), [0065]-[0069], [0078], [0091]-[0098]; Claims 5-8, 14; Figs. 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and Bhomik to incorporate the teachings of El Guindi and provide consent for sharing particular data and for interactions between devices and consent from requests. El Guindi is directed to data encryption for a hearing device. Incorporating data encryption for a hearing device as in El Guindi with the sharing of data between devices as in Bhowmik and the system and method of operating a hearing device as in Meier would thereby improve the safety and data security for a user of a server and accessory device.
Regarding claim 4, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 1 and Bhowmik further discloses wherein prior to obtaining the accessory data, the server device is configured to obtain, from the accessory device, another consent to obtain the accessory data, wherein the server device is configured to obtain the accessory data after obtaining the other consent (See Bhowmik at least at Abstract; Paras. [0017]-[0023] (server device and accessory device), [0039], [0108]-[0118] (“[H]ealth monitoring system 100 may allow third-party user 114 (e.g., a professional, physicians, friend, or relative) to remotely access device usage and health/wellness information or other health-related data based on the consent of user 112. The health-related data may include data regarding physical activity, cognitive fitness based on social activity and other factors, compliance with suggested health regimens or guidelines, and other physiological measurements collected by sensors built into ear-wearable devices 102 sensor devices 110, accessory devices, or other types of devices.”), [0122]; Claim 10; Figs. 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide consent for sharing particular data among devices. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would thereby improve the safety and data security for a user of a health data server device and hearing system.
Regarding claim 5, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 1 and Bhowmik further discloses wherein the server device is configured to obtain, from the healthcare platform, another consent to obtain healthcare platform data from the healthcare platform, and to obtain the healthcare platform data from the healthcare platform after obtaining the other consent (See id. at least at Paras. [0004]-[0005] (Authorizations) [0017]-[0023], [0047] (Authorization to different data for different users), [0108]-[0110] (Verify third-party authorized access healthcare platform data.) [0143] (“Companion application 524 may retrieve health-related data 526 from storage device(s) 516 to enable authorized third-party users to access the health-related data.”); Figs. 1-5; Claim 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide consent for sharing particular data and for interactions between devices and platforms or applications. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would thereby improve the safety and data security between platforms and for sharing and obtaining data.
Regarding claim 6, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 5 and Bhowmik further discloses wherein the server device is configured to transmit the healthcare platform data to the accessory device (See id. at least at Paras. [0017]-[0023] (Server device and accessory device in communication), [0039], [0108]-[0118] (“[H]ealth monitoring system 100 may allow third-party user 114 (e.g., a professional, physicians, friend, or relative) to remotely access device usage and health/wellness information or other health-related data based on the consent of user 112. The health-related data may include data regarding physical activity, cognitive fitness based on social activity and other factors, compliance with suggested health regimens or guidelines, and other physiological measurements collected by sensors built into ear-wearable devices 102 sensor devices 110, accessory devices, or other types of devices.”); Figs. 1-5; Claim 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide consent for transmitting data. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would thereby improve the transfer of data between devices.
Regarding claim 7, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 5 and Meier further discloses wherein the healthcare platform data comprises a sensor activation request for activating a sensor of the hearing device, and wherein the server device is configured to transmit the sensor activation request to the accessory device (See Meier at least at Col. 3, ln. 56 – Col. 4, ln. 55; Col. 7, ln. 63 – Col. 8, ln. 65 (“[P]roviding access to adjustment of operation parameters of the hearing device, such as volume control and/or hearing program selection; processing of audio signals supplied from the application program to the hearing instrument, such as processing by noise reduction, beamforming, speech enhancement and/or feedback cancelling; and stimulation of the user's hearing by sound signals, via the hearing instrument loudspeaker, according to input from the application program, such as speech messages and/or alert signals (such as beep signals).”); Col. 10, ln.54 – Col. 11, ln. 10 (“[T]hrough the access software platform, to third party application program developers. L3 relates to those services which are available for a given hearing instrument type and version. L4 relates to the services enabled by the HCP, i.e. services customized, activated or deactivated by the HCP for the respective user of the hearing instrument.”); Claim 1 (“[T]he plurality of hierarchically structured service access levels are associated with access of different hardware components of the hearing device or control of different functions of the hearing device and the certification; and in response to the request, granting access to the function, granting access to the data, or modifying the hearing device.”)).
Regarding claim 8, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 1 and Bhowmik further discloses wherein the server device is configured to obtain another consent to share healthcare platform data from the healthcare platform with the accessory device, and to share the healthcare platform data with the accessory device after obtaining the other consent ((See id. at least at Paras. [0017]-[0023] (Server device and accessory device in communication), [0039], [0108]-[0118] (“[H]ealth monitoring system 100 may allow third-party user 114 (e.g., a professional, physicians, friend, or relative) to remotely access device usage and health/wellness information or other health-related data based on the consent of user 112. The health-related data may include data regarding physical activity, cognitive fitness based on social activity and other factors, compliance with suggested health regimens or guidelines, and other physiological measurements collected by sensors built into ear-wearable devices 102 sensor devices 110, accessory devices, or other types of devices.”); Figs. 1-5; Claim 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide consent for sharing particular data and for interactions between devices and platforms. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would thereby improve the safety and data security between platforms and for sharing and obtaining data.
Regarding claim 9, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 1 and Bhowmik further discloses wherein the hearing data comprises health data associated with a user of the hearing device, and wherein the accessory data is based on the health data (See Bhomik at least at Abstract; Paras. [0006]-[0009], [0045]-[0051], [0062]-[0063] (health-related data); [0115]-[0118] (“[C]omputing system 104 may comprise one or more server devices in a data center. Ear-wearable device(s) 102 may communicate source data (e.g., device usage and health/wellness information) directly to a cloud-based infrastructure of computing system 104. For instance, ear-wearable device(s) 102 may communicate with computing system 104 via a wired- or wireless-network access point that is connected to the Internet […] One or more of the gateway devices may have a companion application installed thereon that may facilitate communication of source data (e.g., device usage data, health/wellness information, etc.) to computing system 104, which may store the source data in a cloud-accessible database.”); Claim 3; Figs. 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide hearing and health data associated with a user of a hearing device. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would thereby improve functionality for a user of a hearing device.
Regarding claim 10, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 1 and Bhowmik further discloses wherein the hearing data comprises usage data of the hearing device, and wherein the accessory data is based on the usage data (See id. at least at Paras. [0115]-[0118] (“[C]omputing system 104 may comprise one or more server devices in a data center. Ear-wearable device(s) 102 may communicate source data (e.g., device usage and health/wellness information) directly to a cloud-based infrastructure of computing system 104. For instance, ear-wearable device(s) 102 may communicate with computing system 104 via a wired- or wireless-network access point that is connected to the Internet […] One or more of the gateway devices may have a companion application installed thereon that may facilitate communication of source data (e.g., device usage data, health/wellness information, etc.) to computing system 104, which may store the source data in a cloud-accessible database.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide hearing data including usage data. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would improve the data collection and usage of the hearing device.
Regarding claim 11, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 1 and Bhowmik further teaches wherein the server device is configured to obtain, from a secondary accessory device, secondary accessory data (See id. at least at Paras. [0020]-[0027] (“Accessory devices may include devices that are configured for use with ear-wearable device(s) 102. Example types of accessory devices may include […] media streamer devices, phone streamer devices, external microphone devices, remote controls for ear-wearable device(s) 102, and other types of devices specifically designed for use with ear-wearable device(s) 102. Actions described in this disclosure as being performed by computing system 104 may be performed by one or more of the computing devices of computing system 104.”), [0062]-[0064]; Claim 10; Figs. 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide acquiring device data from an accesory device. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would thereby improve the safety and data security between platforms and for sharing and obtaining data.
Regarding claim 12, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 1 and Bhowmik further discloses A hearing system comprising the server device of claim 1, the accessory device, and the hearing device (See Bhowmik at least at Abstract (“[R]eceiving, by the computing system, sharing preference data, wherein: the sharing preference data indicate, for each respective health-related data type of a plurality of health-related data types.”; Paras. [0006]-[0009] (“[C]onfiguring the ear-wearable device to export source data upon which the health-related data belonging to the respective sharable health-related data type is based; means for receiving source data exported by the ear-wearable device; and means for enabling a third-party user to access health-related data belonging to a particular sharable health-related data type, wherein: the health-related data belonging to the particular sharable health-related data type is based on the source data exported by the ear-wearable device.”), [0017]-[0023] (“Computing system 104 comprises one or more computing devices. For instance, computing system 104 comprises one or more mobile devices, server devices, personal computer devices, handheld devices, wireless access points, smart speaker devices, smart televisions, medical alarm devices, smart key fobs, smartwatches, smartphones, motion or presence sensor devices, smart displays, screen-enhanced smart speakers, wireless routers, wireless communication hubs, prosthetic devices, mobility devices, special-purpose devices, accessory devices, and so on. Accessory devices may include devices that are configured for use with ear-wearable device(s) 102. Example types of accessory devices may include charging cases for ear-wearable device(s) 102, storage cases for ear-wearable device(s) 102, media streamer devices, phone streamer devices, external microphone devices, remote controls for ear-wearable device(s) 102, and other types of devices specifically designed for use with ear-wearable device(s) 102.”), [0029] (“Sensor devices 110 may include devices having one or more sensors that are configured to gather information about user 112. In any example of this disclosure, one or more of sensor devices 110 includes a body-worn device, such as a smartwatch, smart glasses, an implantable medical device, a belt-worn device, an adhesive body-worn patch, a Holter monitor, and so on. Example types of sensors may include electrocardiogram (EKG) sensors, photoplethysmogram (PPG) sensors, heart rate sensors, body temperature sensors, inertial measurement units (IMUs), accelerometers, gyroscopes, electroencephalogram (EEG) sensors, magnetometers, image sensors, cameras, respiration sensors, pulse oximetry sensors, blood pressure sensors, eye movement sensors, eye-tracking sensors, microphones, pressure sensors, and so on.”), [0108]-[0118] (“computing system 104 comprises a cloud-based infrastructure that includes computing devices remote from ear-wearable device(s) 102. For instance, computing system 104 may comprise one or more server devices in a data center. Ear-wearable device(s) 102 may communicate source data (e.g., device usage and health/wellness information) directly to a cloud-based infrastructure of computing system 104. For instance, ear-wearable device(s) 102 may communicate with computing system 104 via a wired- or wireless-network access point that is connected to the Internet.”), [0122]; Claim 10; Figs. 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide a hearing system including a server device, an accessory device and a hearing device. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would thereby improve the communication and connection between a server device, an accessory device and a hearing device.
Regarding claim 13, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 12 and Bhowmik further teaches wherein the hearing device comprises one or more sensors for provision of sensor data, and wherein the hearing device is configured to transmit hearing data comprising the sensor data to the accessory device (See id. at least at Paras. [0029] (“Sensor devices 110 may include devices having one or more sensors that are configured to gather information about user 112. In any example of this disclosure, one or more of sensor devices 110 includes a body-worn device, such as a smartwatch, smart glasses, an implantable medical device, a belt-worn device, an adhesive body-worn patch, a Holter monitor, and so on. Example types of sensors may include electrocardiogram (EKG) sensors, photoplethysmogram (PPG) sensors, heart rate sensors, body temperature sensors, inertial measurement units (IMUs), accelerometers, gyroscopes, electroencephalogram (EEG) sensors, magnetometers, image sensors, cameras, respiration sensors, pulse oximetry sensors, blood pressure sensors, eye movement sensors, eye-tracking sensors, microphones, pressure sensors, and so on.”), [0108]-[0118] (“computing system 104 comprises a cloud-based infrastructure that includes computing devices remote from ear-wearable device(s) 102. For instance, computing system 104 may comprise one or more server devices in a data center. Ear-wearable device(s) 102 may communicate source data (e.g., device usage and health/wellness information) directly to a cloud-based infrastructure of computing system 104. For instance, ear-wearable device(s) 102 may communicate with computing system 104 via a wired- or wireless-network access point that is connected to the Internet.”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide sharing data and connections between multiple devices and/or sensors. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would thereby improve collection of relevant health data.
Regarding claim 14, Meier as modified by Bhowmik and El Guindi discloses all the limitations of claim 12 and Bhowmik further discloses a hearing device data server configured to store hearing data associated with a user of the hearing device (See id. at least at Paras. [0044], [0104], [0113]-[0117] (“[C]omputing system 104 may comprise one or more server devices in a data center. Ear-wearable device(s) 102 may communicate source data (e.g., device usage and health/wellness information) directly to a cloud-based infrastructure of computing system 104. For instance, ear-wearable device(s) 102 may communicate with computing system 104 via a wired- or wireless-network access point that is connected to the Internet […] the gateway device comprises sensors or communicates with sensor devices 110 in order to generate particular types of source data even when user 112 is not wearing ear-wearable device(s).”), [0143]; Figs. 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Meier and El Guindi to incorporate the teachings of Bhowmik and provide sharing data and connections between hearing devices and servers. Bhowmik is directed to sharing health-related data based on data exported by an ear-wearable device. Incorporating the sharing of data between devices as in Bhowmik with the data encryption for a hearing device as in El Guindi and the system and method of operating a hearing device as in Meier would thereby improve storage and collection of relevant health data from hearing devices.
Regarding claim 15, claim 15 recites substantially the same limitations as included in independent claim 1 and is rejected under the same grounds of rejection and reasoning applied above.
Regarding claims 18-20, claims 18-20 recite substantially the same limitations as included in claims 4-6, respectively, and are rejected under the same grounds of rejection and reasoning applied above.
Response to Arguments
Applicant’s remarks filed January 22, 2026 have been fully considered, but they are not entirely persuasive. The following explains why:
Applicant’s arguments pertaining to prior art rejections are persuasive. The Examiner provided the incorrect El Guindi reference and have updated the Nonfinal Office Action.
Applicant’s arguments pertaining to subject matter eligibility are not persuasive. The claims have been addressed with regard to the updated 35 U.S.C. §101 rejection discussed above, and considered under relevant sections of the MPEP. The Examiner disagrees that there is not an abstract idea, that there is any practical application thereof and there is a technological improvement recited in the claims. The claims are directed to the abstract idea of organizing human activity and mental processes, discussed above. The Examiner disagrees at Pages 7-9 that Poisson and Alice have not been followed fully. The claims have been considered as a whole as discussed in the rejection above. and addition of a server device and accessory device controlling data exchange is not sufficient to say the claims “no longer encompass abstract idea that covers organizing of human activity.” The server and accessory device and data exchange is merely computer components which are acting in a generic way and are not a practical application or amount to significantly more than the abstract idea, either alone or in combination with the claim language. The Examiner disagrees at Pages 10-11 that the claims are novel or contain an inventive concept, and considering Tuxis Technologies the claims have been identified to be obvious and read-on by relevant prior art, as discussed in the completely updated 103 rejection, above. The preemption analysis has been made with the full claim in mind and under the broadest reasonable interpretation the claims recite an abstract idea of at least organizing human activity and do not amount to significantly more than the abstract idea.
Therefore, the claims are not patent eligible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM T. MONTICELLO whose telephone number is (313)446-4871. The examiner can normally be reached M-Th; 08:30-18:30 EST.
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/WILLIAM T. MONTICELLO/ Examiner, Art Unit 3682
/FONYA M LONG/ Supervisory Patent Examiner, Art Unit 3682
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