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 Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 10-13 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Westermann et al. (WO 2016/078710) herein Westermann.
Regarding claim 10, Westermann discloses a hearing instrument configuration system (hearing instrument configuration system of Fig. 2), comprising a first configuration unit (computer 22 of the Authorized Hearing Aid Professional, page 7, lines 4-7); a first interface for establishing a data connection from said first configuration unit to a hearing instrument, said first configuration unit configured to read out configuration data from the hearing instrument through said first interface and to overwrite the configuration data in the hearing instrument for modification purposes (first interface (data link 24) for establishing a data connection between hearing aids 10, 11, configuration data being overwritten during the fitting process, page 7 lines 4-22); a second interface for forming an indirect or direct data connection from a client unit to the hearing instrument (link 15 via internet 16 is a second interface for forming a data connection from a computer 21 and the hearing aid 10,11, page 5, lines 28-32, page 6 lines 27-33, page 9, lines 1-6); and a permissions management module configured to transfer write permission to the configuration data from said first configuration unit to the client unit, or to revoke the write permission (module of “Master Service Provider” on server 25 is configured to delegating access rights for updating (reading and writing) data to the user data storage 26, page 10 line 9 – page 12 line 18, Fig. 8).
Regarding claim 11, Westermann discloses wherein said permissions management module is configured to transfer or revoke the write permission in interaction with an operator of said first configuration unit (permission granted for operator of computer 22, page 11, lines 13-22).
Regarding claim 12, Westermann discloses wherein the client unit is a second configuration unit, a computer, or a smart mobile device (client unit is a second configuration unit/computer 21, page 9, lines 1-6, page 11, lines 13-22).
Regarding claim 13, Westermann discloses wherein said second interface is configured to set up a data connection between the client unit and said first configuration unit (second interface 15 is configured to set up a data connection between client unit 21 and first configuration unit 22, page 6, line 26 – page 7, line 19).
Regarding claim 15, Westermann discloses which further comprises: a server (master server 25, page 10, line 1 – page 11, line 22); a third interface (internet 16 can be considered a third interface, page 9 lines 1-34); said first, second and third interfaces and said permissions management module being associated with said server (first interface 24, second interface 15, third interface 16 and permission management module on server 25 is associated with server 25, page 5, line 28 – page 7, line 22); and in an intended operating state: the hearing instrument being connected to said server by said first interface, said first configuration unit being connected to said server by said third interface, and the client unit being connected to said server by said second interface (hearing instrument 10, 11 connected to server 25 via interface 24, first configuration unit 22 connected via internet 16 and client unit 21 connected via link 15, page 5, line 28 – page 7, line 22).
Regarding claim 16, Westermann discloses wherein said permissions management module is configured to assign read permission to the configuration data of the client unit continuously for a duration of the connection of the client unit through the second interface (permissions management module on server 25 would assign read permission to the configuration data of client unit 21 continuously for a direction of the connection, page 9, line 24 – page 11, line 22).
Regarding claim 17, Westermann discloses wherein said second interface is configured to set up or terminate the data connection to the client unit depending on an input by an operator of said first configuration unit (user is able to log off (terminate the data connection), page 10, lines 1-30).
Regarding claim 18, Westermann discloses wherein said permissions management module is configured to revoke write permissions to the configuration data from said first configuration unit for a period for which the write permissions of the client unit are assigned (permissions management module on server 25 can revoke write permissions, page 9, line 24 – page 11, line 22).
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.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Westermann et al. (WO 2016/078710) herein Westermann.
Regarding claim 14, while Westermann does not specifically teach wherein the data connection of said second interface includes image and sound transmission between said first configuration unit and the client unit, Westermann does teach the transfer of data in general (link 15 via internet 16 is a second interface for forming a data connection from a computer 21 and the hearing aid 10,11, page 5, lines 28-32, page 6 lines 27-33, page 9, lines 1-6); and it is well known in the art for data transfers to a hearing device to include image and sound transmission.
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the data of Westermann to include image and sound transmission in order to provide full wireless functionality of a hearing device for a user’s listening experience. The Examiner takes Official Notice.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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