DETAILED ACTION
This Office Action is responsive to the Amendment filed November 21, 2025. The examiner acknowledges the amendments to claims 1 and 4, as well as the cancellation of claims 8-14. Claims 1 and 4-7 are pending.
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
The indicated allowability of claims 4-7 is withdrawn in view of the newly discovered references to Collins and Liu. Rejections based on the newly cited references follow.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 4-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Collins et al. (US 2009/025007) in view of Lott (US 2013/0251161), and further in view of Liu (CN 221490410).
Collins et al. teach an apparatus for directing a magnetic field to an inner ear of a user. The apparatus is capable of improving blood flow and oxygen levels (see at least [0019]) for treatment of one or all of tinnitus, sudden sensorineural hearing loss, and vertigo. The apparatus (501) includes a pliable, filler material (504) embodied as an earplug (500) to be disposed in the user’s concha and ear canal and a magnetic material (510) disposed within at least the in-canal portion of the apparatus. The magnetic material comprises at least one sphere (see paragraph [0028] and be made of neodymium (see paragraph [0024]). Collins et al. does not teach an outer shell having an outer profile that is custom-molded to fit one or more portions of an ear of the user, a faceplate attached to the in-concha portion of the outer shell; and a sound tube disposed within the outer shell having an outer opening disposed on the faceplate that receives sound from outside the ear of the user and an inner opening disposed on the in-canal portion through which the sound passes into the user's ear canal.
Lott teaches an in-ear monitor that is customized for particular applications and individuals (see paragraph [0021]), where the monitor includes outer shell (6) having an outer profile that is custom-molded to fit one or more portions of an ear of the user including an in-canal portion and an in-concha portion, a faceplate (4) attached to the in-concha portion of the outer shell; and a sound tube (24) disposed within the outer shell having an outer opening disposed on the faceplate that receives sound from outside the ear of the user and an inner opening (14)disposed on the in-canal portion through which the sound passes into the user's ear canal. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention to house the apparatus of Collins et al. within the outer shell and faceplate of Lott in order to protect the integrity of the magnetic earplug for multiple uses while allowing the user to continue receiving sound.
Collins et al., as modified with Lott, teaches all of the limitations of the claims except that the magnetic material includes a plurality of magnetic spheres. Liu teaches an earplug (4, see Figure 2) including closed end (43), a progressive section (42), a plug column end (44), a healthcare ball containing cavity (45), and healthcare beads (5, 6) for magnetic therapy disposed at least in an in-canal portion of the earplug. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention to use a plurality of magnetic spheres as the magnetic material in the apparatus of Collins et al. as taught by Liu in order to increase magnetic field strength and effect.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Collins et al. (US 2009/025007) in view of Lott (US 2013/0251161) and Liu (CN 221490410) as applied to claim 5 above, and further in view of Doty (CN 101626745). Collins et al., as modified above, teach an earplug filler material that is foam, but does not expressly discuss use of hardened acrylic resin or silicone. Doty teaches earplug 50 is made from a compressible, resilient material, such as foam-like material. More specifically, the earplug 50 is preferably made of polyurethane, acrylic resin blends, PVC, silicone, nitrile and the like made of foam. Earplug 50 can be formed by any suitable conventional manufacturing method, including (but not limited to) molding, extrusion, casting, etc. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention to use acrylic resin or silicone as the foam filler material in the earplug of Collins et al., as modified hereinabove, as these materials are known to be suitable alternatives for providing compressible and resilient properties to earplugs as taught by Doty.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 2074189 teaches an earmould including neodymium iron boron permanent magnet beads or balls. CN 2052252325 teaches treating people with deafness or tinnitus with N35 neodymium iron boron magnets inserted into ears. CN 107714283 teaches an earplug with permanent magnets for improving circulation. US 6,398,713 teaches an earplug with magnetic particulates to improve circulation (see Figs 3a and 3b and related descriptions).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charles A Marmor, II whose telephone number is (571)272-4730. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791