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 .
Claims filed 11-22-2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2-20-2025 was filed after the mailing date of the application filed on 11-22-2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 2-10, 12-20 objected to because of the following informalities:
Claims 2-4,6, 7, 10. The ear-worn hearing device of Claim 1 should change to claim 1
Claim 5. The ear-worn hearing device of Claim 4 should change to claim 4, ---
Claims 8-9. The ear-worn hearing device of Claim 7 should change to claim 7, ---
Claims 12, 18, 20. The ear-worn hearing device of Claim 11 should change to claim 11, --Claim 13. The ear-worn hearing device of Claim 12 should change to claim 12, -
Claim 14. The ear-worn hearing device of Claim 13 should change to claim 13, ---
Claim 15. The ear-worn hearing device of Claim 14 should change to claim 14, ---
Claim 16. The ear-worn hearing device of Claim 15 should change to claim 15, ---
Claim 17. The ear-worn hearing device of Claim 16 should change to claim 16, ---
Claim 19. The ear-worn hearing device of Claim 18 should change to claim 18, ---
Appropriate correction is required.
Double Patenting
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).
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 10, 14-16, 20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 6, 7, 15, 16, 19, 20 of copending Application No. 19/387924. While the claims are not identical, the Copending Application No. 19/387924 includes all the elements of the instant claims. For these reasons, the two sets of claims are not patentably distinct.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application 18/957083
Application 19/387924
1. An ear-worn hearing device comprising:
a spout configured for wearing on a user's concha or at least partially in a user's ear canal,
the spout comprising a passage extending to an opening of the spout;
a speaker comprising a sound outlet acoustically coupled to the opening of the spout by a speaker sound path;
a microphone;
a manifold covering a sound port of the microphone, the sound port of the microphone acoustically coupled to the opening of the spout by a microphone sound path that extends through a sound passage of the manifold,
wherein the manifold isolates the microphone sound path from the speaker sound path along at least a portion of the spout passage.
An ear-worn hearing device comprising:
a spout configured for wearing on a user's concha or at least partially in a user's ear canal,
the spout comprising a passage extending to an opening of the spout;
a speaker comprising a sound outlet acoustically coupled to the opening of the spout by a speaker sound path;
a carrier comprising an interface portion insertable into the passage of the spout;
a microphone assembled with the carrier and acoustically coupled to the opening of the spout by a microphone sound path;
wherein the microphone is positioned in the passage of the spout when the interface
portion of the carrier is inserted into the passage.
4. The ear-worn hearing device of Claim 1 further comprising a manifold covering a sound port of the microphone, a sound passage of the manifold forming at least a portion of the microphone sound path, wherein the manifold isolates the microphone sound path from the speaker sound path along at least a portion of the spout passage.
2, the ear-worn hearing device of Claim 1, wherein the microphone is located within the passage of the spout and between the spout opening and the speaker.
2.The ear-worn hearing device of Claim 1, wherein the microphone is located within the passage of the spout and between the spout opening and the speaker.
3, the ear-worn hearing device of Claim 1, wherein the manifold extends to the spout opening.
5. The ear-worn hearing device of Claim 4, wherein the manifold extends to the spout opening.
4, the ear-worn hearing device of Claim 1, wherein the microphone comprises a microphone housing with an electrical interface, the sound port extends through the microphone housing, and the manifold is fastened to the microphone housing.
6. The ear-worn hearing device of Claim 4, wherein the microphone comprises a microphone housing with an electrical interface, the sound port extends through the microphone housing, and the manifold is fastened to the housing over the sound port.
5, the ear-worn hearing device of Claim 4, wherein the microphone comprises a microelectromechanical systems (MEMS) transducer and an electrical circuit disposed in the microphone housing, and the electrical circuit is electrically connected to the MEMS transducer and to the electrical interface, wherein a direction of the sound port of the microphone is non-parallel to a direction of a sound passage of the manifold.
7. The ear-worn hearing device of Claim 6, wherein the microphone comprises a microelectromechanical systems (MEMS) transducer and an electrical circuit disposed in the microphone housing, the electrical circuit electrically connected to the MEMS transducer and to the electrical interface, wherein a direction of the sound port of the microphone is non-parallel to a direction of the sound passage of the manifold.
6, the ear-worn hearing device of Claim 1 is a receiver-in-canal (RIC) unit configured to insertion at least partially in a user's ear canal and further comprising an electrical cable having a first end portion electrically connected to an electrical component of the RIC unit and a second end portion comprising an electrical connector.
16. The ear-worn hearing device of Claim 14 is a receiver-in-canal (RIC) unit further
comprising an electrical cable having a first end portion electrically connected to an electrical component of the RIC unit and a second end portion comprising an electrical connector.
10, the ear-worn hearing device of Claim 1 further comprising a second microphone disposed in a housing and acoustically coupled to an exterior of the housing exposed to an exterior of a user's ear when the hearing device is worn by the user.
15. The ear-worn hearing device of Claim 8 further comprising a second microphone disposed in the housing and acoustically coupled to an exterior of the housing.
14, the ear-worn hearing device of Claim 13, wherein the microphone comprises a microphone housing with an electrical interface, the sound port extends through the microphone housing, and the manifold is fastened to the microphone housing and over the sound port.
19. The ear-worn hearing device subassembly of Claim 18, wherein the microphone comprises a microphone housing with an electrical interface, the sound port of the microphone extends through the microphone housing, and the manifold is fastened to the housing over the sound port.
15, the ear-worn hearing device of Claim 14, wherein the microphone comprises a microelectromechanical systems (MEMS) transducer and an electrical circuit disposed in the microphone housing, and the electrical circuit is electrically connected to the MEMS transducer and to the electrical interface, wherein a direction of the sound port of the microphone is non- parallel to a direction of the sound passage of the manifold.
20. The ear-worn hearing device subassembly of Claim 19, wherein the microphone comprises a microelectromechanical systems (MEMS) transducer and an electrical circuit disposed in the microphone housing, the electrical circuit electrically connected to the MEMS transducer and to the electrical interface, wherein a direction of the sound port of the microphone is non-parallel to a direction of the sound passage of the manifold.
16, the ear-worn hearing device of Claim 15 is a receiver-in-canal (RIC) unit configured for wearing at least partially in a user's ear canal and further comprising an electrical cable, a first end portion of the electrical cable electrically connected to an electrical component of the RIC unit, and a second end portion of the electrical cable comprising an electrical connector connectable to a behind-the-ear unit.
16. The ear-worn hearing device of Claim 14 is a receiver-in-canal (RIC) unit further
comprising an electrical cable having a first end portion electrically connected to an electrical component of the RIC unit and a second end portion comprising an electrical connector.
20, the ear-worn hearing device of Claim 11 further comprising a second microphone disposed in the housing and acoustically coupled to an exterior of the housing exposed to an exterior of a user's ear when the hearing device is worn by the user.
15. The ear-worn hearing device of Claim 8 further comprising a second microphone
disposed in the housing and acoustically coupled to an exterior of the housing.
Dependent claims 7-9, 11-13, and 17-19 are also rejected based on their dependency on the independent claims which is rejected under double patenting. Please see above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE X DANG whose telephone number is (571)272-0040. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R Edwards can be reached at 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIE X DANG/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
Prosecution Insights