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 .
Allowable Subject Matter
Claims 14-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
The closest prior art, (Pedersen et al. US-PG-PUB No. 2015/0124976), teaches a first and second hearing assistance devices and an auxiliary device, the system being adapted for establishing wireless communication links between the devices. The closest prior art failed to teaches an antenna placed in the housing and configured for performing the wireless communications, the antenna including an approximately planar conductive loop configured and oriented relative to the housing to maximize a far-field gain for the far-field communication with the peripheral device while maintaining a minimum gain required for the ear-to-ear communication with the other hearing device, as claimed in Claim 14. Therefore the prior art does not meet the requirements of the claimed invention as recited in the broadest claim respectively since there is no suggestion to render obviousness in combination or individually to teach the limitations as claimed. For the above reason, independent claim 14 is allowed.
Double Patenting
4. 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).
5. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
6. Claims 1-3, 8-9 and 11-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14 and 19-22 of U.S. Patent No. 12,126,964. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 14 and 19-22 of U.S. Patent No. 12,126,964 read into the pending claims 1-3, 8-9 and 11-12 as shown in the table 1 below. The claims under examination are anticipated by U.S. Patent’s claims.
Table 1
Claim Under Examination (18/918543)
U.S. Patent No. 12,126,964
1. A hearing device configured to be worn on a head of a wearer having an ear and to perform wireless communication with one or more other devices, the hearing device comprising: a housing configured to be worn on the head; and an antenna disposed in the housing for performing the wireless communication, the antenna including an approximately planar portion that is approximately perpendicular to the wearer's sagittal plane when the hearing device is worn on the head.
21. A hearing aid configured to be worn by a wearer having an ear and to perform wireless communication with another device, the hearing aid comprising: a behind-the-ear (BTE) type hearing aid housing; an antenna placed in the behind-the-ear type hearing aid housing, the antenna including an approximately planar portion that is approximately perpendicular to the wearer's sagittal plane when the hearing aid is worn by the wearer behind the ear or over the ear; and a communication circuit configured to perform the wireless communication using the antenna.
2. The hearing device of claim 1, wherein the approximately planar portion of the antenna is approximately parallel to the wearer’s transverse plane when the hearing device is worn on the head.
22. The hearing aid of claim 21, wherein the approximately planar portion is approximately parallel the wearer's transverse plane when the hearing aid is worn by the wearer.
3. The hearing device of claim 1, wherein the housing comprises a behind-the-ear (BTE) type hearing aid housing.
21. A hearing aid configured to be worn by a wearer having an ear and to perform wireless communication with another device, the hearing aid comprising: a behind-the-ear (BTE) type hearing aid housing; an antenna placed in the behind-the-ear type hearing aid housing, the antenna including an approximately planar portion that is approximately perpendicular to the wearer's sagittal plane when the hearing aid is worn by the wearer behind the ear or over the ear; and a communication circuit configured to perform the wireless communication using the antenna.
8. A hearing device configured to be worn on a head of a wearer having an ear and to perform wireless communication with one or more other devices, the hearing device comprising: a housing; and a loop antenna placed in the housing and configured for performing the wireless communication, the loop antenna including an approximately planar portion being approximately perpendicular to a portion of a surface of the head that is adjacent to the loop antenna when the hearing device is worn on the head.
14. A hearing device configured to be worn on a head of a wearer having an ear and to perform wireless communication including ear-to-ear communication with another hearing device worn on the head and far-field communication with a peripheral device, the hearing device comprising: a housing sized and shaped for placement behind the ear or over the ear; and a loop antenna placed in the housing and optimized for performing the wireless communication within design constraints including the size and shape of the housing, the loop antenna including an approximately planar portion being approximately perpendicular to a portion of a surface of the head that is adjacent to the loop antenna when the hearing device is worn behind the ear or over the ear.
9. The hearing device of claim 8, wherein the housing is sized and shaped for placement behind the ear or over the ear.
14. A hearing device configured to be worn on a head of a wearer having an ear and to perform wireless communication including ear-to-ear communication with another hearing device worn on the head and far-field communication with a peripheral device, the hearing device comprising: a housing sized and shaped for placement behind the ear or over the ear; and a loop antenna placed in the housing and optimized for performing the wireless communication within design constraints including the size and shape of the housing, the loop antenna including an approximately planar portion being approximately perpendicular to a portion of a surface of the head that is adjacent to the loop antenna when the hearing device is worn behind the ear or over the ear.
11. The hearing device of claim 9, comprising a receiver-in-canal (RIC) hearing aid including the housing and the loop antenna.
19. The hearing device of claim 14, comprising a receiver-in-canal (RIC) hearing device including the housing and the loop antenna.
12. The hearing device of claim 9, comprising a receiver-in-the-ear (RITE) hearing aid including the housing and the loop antenna.
20. The hearing device of claim 14, comprising a receiver-in-the-ear (RITE) hearing device including the housing and the loop antenna.
7. Regarding claims 4-7 are objected to as being dependent upon a rejected base claim 1.
Regarding claims 10 and 13 are objected to as being dependent upon a rejected base claim 8.
This application is in condition for allowance except for the nonstatutory double patenting rejection stated above.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Rabel et al. US-PG-PUB No. 2015/0030190, Hearing Assistance Device With Antenna Optimized To Reduce Head Loading, Fig. 2 shows one or more conductor dimensions include dimensions of conductive portions of antenna 210 that are measured along directions approximately parallel to the hearing aid wearer's sagittal plane. Such directions are also approximately parallel to a portion of the surface of head 201 that is adjacent to antenna 210 when the hearing aid is worn by the hearing aid wearer (Para. [0015], Lines 1-30).
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELICA M MCKINNEY whose telephone number is (571)270-3321. The examiner can normally be reached 7AM-4PM EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached on (571)272-7574. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANGELICA M MCKINNEY/Primary Examiner, Art Unit 2694
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