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 Objections
Claim 23 recites “The external device of claim 25”. A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed. See MPEP § 608.01(n).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-12, 14, 17-28 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “an external device of a medical device” but the specification only discloses an external device of a hearing prosthesis. The specification provides no written description support for the full scope of “medical device” which would encompass external devices of prosthetic limbs, pacemakers, insulin pumps, and countless other medical devices. One of ordinary skill in the art would not understand the inventor to have been in possession of the entire genus of “medical devices” at the time of filing.
Claim 1 also recites “the external device is configured with electrical current management”. The specification fails to provide written description support for “electrical current management” as claimed. The only relevant disclosure regarding current in the specification is “electrical current protection” which is narrower in scope than current management. A skilled artisan would not understand the inventor to have been in possession of the broader concept of “electrical current management” at the time of filing.
Claim 24 recites “collectively removing and attaching power component from / to the electronics component a first number of times to power the electronics component and wearing out the power component as a result”, suggesting battery depletion. The specification discloses wearing out of the mechanical connector components of the power component, not battery capacity depletion of the entire power component. The claim does not capture the disclosed inventive concept and one of ordinary skill in the art would not understand the inventor to have possessed the method as claimed.
Claim 25 recites “wherein the management is passive”. Claim 26 recites “wherein the management is based on order of operation”. The specification fails to provide written description support for passive current management, management based on order of operation, and management achieved by structural features as claimed. The specification only provides support for current protection, not management.
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 1-3, 5-12, 14, 17-23, and 25-27 are 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 1 recites “the external device is configured with electrical current management”. The term “electrical current management” is not defined anywhere in the specification. One of ordinary skill in the art would not be able to determine with reasonable certainty the scope of “electrical current management” as used in the claim. The only related disclosure of “electrical current protection” is narrower in scope and a distinct concept that does not make clear the boundaries of the claimed term.
Claim 25 recites “wherein the management is totally achieved by structural features”. The limitation “totally achieved by structural features” is indefinite because in an apparatus, all features are “structural” which renders the limitation non-limiting, and the specification provides no guidance distinguishing structural from non-structural. Furthermore, one of ordinary skill in the art would not be able to determine, with reasonable certainty, the boundary created by the term “totally”, as the specification does not define what would constitute a non-structural contribution to current management.
Claim 7 recites “the apparatus of the battery sub-assembly that enables the removable attachment to the sound processor sub-assembly” and “the apparatus of the sound processor sub-assembly that enables removable attachment to the battery sub-assembly”. There is insufficient antecedent basis for this limitation in the claim. Claim 1, on which Claim 7 depends only recites a “connecting assembly connecting the power component to the electronics component”.
Claim 12 recites “collectively removing and attaching the battery sub-assembly from / to the sound processor assembly a first number of times to power the sound processor assembly and wearing out the battery sub-assembly as a result” (emphasis added). The term “wearing out the battery sub-assembly” is indefinite because the specification discloses mechanical connector wear as the relevant failure mode, while the claim’s context (“to power the sound processor assembly”) suggest battery depletion. These are distinct phenomena and one of ordinary skill in the art would not be able to determine with reasonable certainty which is intended.
Claim 24 recites “collectively removing and attaching power component from / to the electronics component a first number of times to power the electronics component and wearing out the power component as a result” (emphasis added). The term “wearing out the power component” is indefinite because the specification discloses mechanical connector wear as the relevant failure mode, while the claim’s context (“to power the electronics component”) suggest battery depletion. These are distinct phenomena and one of ordinary skill in the art would not be able to determine with reasonable certainty which is intended. Claim 28 also recites “wearing out the second power component”.
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.
Claims 1-2, 5-6, 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Karunasiri et al., U.S. Patent No. 9,832,577, filed on March 5, 2013 (Karunasiri), in view of Dai et al., U.S. Patent No. 8,591,239, patented on November 26, 2013 (Dai).
As to Claim 1, Karunasiri discloses an external device of a medical device (Col. 5, lines 11-13), comprising: an electronics component [104] (the electronics component [104] is a sound processor; Col. 4, line 29); and a power component [604] (the power component is a battery; Col. 8 lines 10-11), removably attached to the electronics component [104] (the power component [604] is an interchangeable component attached to the electronics component; Col. 8, lines 10-12), wherein the external device includes a connecting assembly [306] connecting the power component [604] to the electronics component [104] (an interface assembly [306] connects the components; col. 7, lines 1-3). Kanusuri does not explicitly disclose that the external device is configured with electrical current management. However, providing electrical current management for connectable power supplies was well known.
Dai discloses an external device of a prosthesis (Col. 3, line 25-26; Fig. 1), comprising: an electronics component [2000] (the electronics component [2000] is a sound processor; Col. 4, line 25); and a power component [3000] (the power component [3000] is a battery; Col. 4, line 23), removably attached to the electronics component [2000] (the battery is removably attached to the bottom of the electronics component; Col. 4, lines 26-28), the external device is configured with electrical current management (the contacts associated with the ground connection, which corresponds to the negative terminal and the second contact, makes electrical contact before the other contacts, which correspond to the positive terminal and first contact; Dai: Col. 6, lines 44-51).
As to Claim 2, Karunasiri and Dai remain as applied above to Claim 1. Karunasiri further discloses that the power component [604] includes a positive terminal (Fig. 6) [2] and a negative terminal [1] of a battery [608] (the power source is a battery [608]; Col. 8, lines 23-25) (See Fig. 6); the electronics component [104] (Shown in Fig. 4) includes a first contact [VB] and a second contact [GND] electrically isolated from the first contact [VB]; the first contact [VB] is configured to be in electrical contact with the positive terminal [2] and the second contact [GND] is configured to be in electrical contact with the negative terminal [1] when the power component [604] is fully attached to the electronics component [104] ([VB] is connected to contact [2] of the interface [304] and GND is connected to contact [1] of the interface [304]; See Fig. 4), and the (BTE) device [608] is configured such that the negative terminal [1] comes into electrical contact with the second contact [GND], and the positive terminal [2] comes into contact with the first contact [VB] when the power component [604] is initially attached to the electronics component [104] (the power component makes physical contact with the corresponding contacts via the interface [304]; Col. 8, lines 12-16).
Dai discloses that the external device is configured such that the negative terminal comes into electrical contact with the second contact before the positive terminal comes into contact with the first contact when the power component [3000] is initially attached to the electronics component [2000] (the contacts associated with the ground connection, which corresponds to the negative terminal and the second contact, makes electrical contact before the other contacts, which correspond to the positive terminal and first contact; Dai: Col. 6, lines 44-51).
As to Claim 5, Karunasiri and Dai remain as applied above to Claim 1. Dai further discloses that the connecting assembly [1000] is a plug-socket arrangement (the connecting assembly is a plug [200] and a socket [100] see Fig. 2) connecting the power component [3000] to the electronics component [2000], and the external device is configured with electrical current protection at the plug-socket arrangement [1000] connecting the power component [3000] to the electronics component [2000] (the contacts associated with the ground connection, which corresponds to the negative terminal and the second contact, makes electrical contact before the other contacts, which correspond to the positive terminal and first contact; Dai: Col. 6, lines 44-51).
As to Claim 6, Karunasiri and Dai remain as applied above to Claim 1. Dai further discloses that the external device is configured to frustrate electrostatic discharge to active electrical contact(s) of the electronics component [2000] from the power component [3000] and encourage electrostatic discharge to passive electrical contact(s) of the electronics component [2000] from the power component [3000] to the extent that electrostatic discharge will occur when the power component [3000] is connected to the electronics component [2000] (the contacts associated with the ground connection, which corresponds to the negative terminal and the second contact, makes electrical contact before the other contacts, which correspond to the positive terminal and first contact; Dai: Col. 6, lines 44-51).
As to Claim 8, Karunasiri and Dai remain as applied above to Claim 1. Karunasiri further discloses that the power component [604] is configured to provide power to the electronics component [104] when removably attached thereto (col. 8, lines 23-26); the external device [104] is configured to provide a ground [GND] from the power component [604] to the electronics component [104] (GND is connected to contact [1] of the interface [304]; See Fig. 4; contact [1] of the interface is connected to the negative terminal of battery [608]; see Fig. 6)
Dai further discloses that the connecting assembly [1000] is a plug-socket arrangement (the connecting assembly is a plug [200] and a socket [100] see Fig. 2) connecting the power component [3000] to the electronics component [2000], and the external device is configured with electrical current protection at the plug-socket arrangement [1000] connecting the power component [3000] to the electronics component [2000] (the contacts associated with the ground connection, which corresponds to the negative terminal and the second contact, makes electrical contact before the other contacts, which correspond to the positive terminal and first contact; Dai: Col. 6, lines 44-51).
As to Claim 14, Karunasiri and Dai remain as applied above to Claim 1. Karunasiri further discloses that the connecting assembly connects the power component [604] to the electronics component [104] (an interface assembly [306] connects the components; col. 7, lines 1-3).
Dai further discloses that the connecting assembly [1000] is a plug-socket arrangement (the connecting assembly is a plug [200] and a socket [100] see Fig. 2) connecting the power component [3000] to the electronics component [2000], and the external device is configured with electrical current protection at the plug-socket arrangement [1000] connecting the power component [3000] to the electronics component [2000] and wherein the electrical current protection is signal path protection (the contacts comprise a cam lock feature where the contacts are not made until the plug is fully inserted, once locked, the connectors are prevented from moving out of place; Dai: Col. 7, lines 7-39; which would makes it less likely for the positive contact to be provided to a negative contact, and vice versa; see Fig. 13).
As to Claim 21, Karunasiri and Dai remain as applied above to Claim 5. Dai further discloses that the plug and socket of the plug-socket arrangement is made of a polymer (the plug comprises plastic; col. 5, lines 8-14; the socket comprises plastic; col. 5, lines 57-62).
As to Claim 22, Karunasiri and Dai remain as applied above to Claim 1. Dai further discloses that the device is configured to enable the electronics component [2000] and/or the power component [3000] to be twisted relative to each other so as to secure the power component [3000] to the electronics component [2000] (the contacts comprise a cam lock feature; Dai: Col. 7, lines 7-39; see Fig. 13).
As to Claim 23, Karunasiri and Dai remain as applied above to Claim 1. Dai further discloses that the external device is configured so that the electronics component [2000] locks to the power component [1000] (the contacts comprise a cam lock feature; Dai: Col. 7, lines 7-39; see Fig. 13).
As to Claim 25, Karunasiri and Dai remain as applied above to Claim 1. Dai further discloses that the management is passive (the current protection is a result of a mechanical construction, not electronic; Dai: Col. 6, lines 44-51).
As to Claim 26, Karunasiri and Dai remain as applied above to Claim 1. Dai further discloses that the management based on order of operation (the contacts associated with the ground connection, which corresponds to the negative terminal and the second contact, makes electrical contact before the other contacts, which correspond to the positive terminal and first contact; Dai: Col. 6, lines 44-51).
As to Claim 27, Karunasiri and Dai remain as applied above to Claim 1. Dai further discloses that the management is totally achieved by structural features of the external device (the current protection is a result of a mechanical construction, not electronic; Dai: Col. 6, lines 44-51).
Allowable Subject Matter
Claims 3, 7, 9-12, and 17-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 3 recites the unique feature of at least one of the negative terminal or the second contact being biased in a longitudinal direction of the respective external device component so as to provide give in the longitudinal direction when the components are attached to one another to enable the first contact to come into electrical contact with the positive terminal. Claim 7 recites the unique feature of the external device being configured so that the apparatus of the battery sub-assembly that enables the removable attachment to the sound processor sub-assembly will wear out before the apparatus of the sound processor sub-assembly that enables removable attachment to the battery sub-assembly due to repeated removal and attachment of the battery sub-assembly from/to the sound processor sub-assembly. Claim 15 recites the unique feature combination of the plug having a basin in which electrical contacts are present and an electrostatic discharge limiting component being located between at least one of the electrically conductive body of the power component or the electrically conductive body of the socket and the electrical contacts when the power component is at least initially connected to the electronics component. The closest prior art does not disclose or suggest such features. Claim 18 recites the unique feature of a tip of the earhook being located below a highest elevation of the power component, the top of the power component being opposite a side of the power component furthest away from the external component when the power component is attached to the external component. The closest prior art does not disclose or suggest such features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan Robinson whose telephone number is (571) 270-3956. The examiner can normally be reached on Monday through Friday from 9 am to 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Fan Tsang, can be reached on (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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/RYAN ROBINSON/Primary Examiner, Art Unit 2694
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