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
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.
Claims 1-3, 6-9, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan et al., U.S. Patent No. 9,204,228, patented on December 1, 2015 (Chan).
As to Claim 1, Chan discloses an ear-worn hearing device component [14] comprising: electrical or mechanical hearing device parts [2] ([2] is a receiver; col. 5, lines 27-28); a housing [1] containing the electrical or mechanical hearing device parts [2], the housing [1] comprising: an opening [6] defining a passage configured to receive an end portion of an electrical cable assembly, sound tube [3] or other member ([3] is a sound tube; col. 4, lines 50-51); a retention member [4] protruding from an inner surface of the passage [6] (members between [7] are protruding; see Fig. 3), the retention member [4] configured to mechanically engage the electrical cable assembly, sound tube [3] or other member disposed in the opening [6] (see Fig. 3), wherein the retention member [4] mechanically resists movement of the electrical cable assembly, sound tube [3] or other member relative to the housing [1] when the electrical cable assembly, sound tube [3] or other member is disposed in the opening [6] (col. 5, lines 14-17).
As to Claim 2, Chan remains as applied above to Claim 1. Chan further discloses clearance between an outer diameter of the electrical cable assembly, sound tube [3] or other member and the inner surface of the opening [6], wherein the retention member [4] is configured to provide radial interference with the electrical cable assembly, sound tube [3] or other member disposed in the opening [6] (see [4] and [8] in Fig. 1).
As to Claim 3, Chan remains as applied above to Claim 2. Chan further discloses a ferrule [4] fastened to the housing [1], wherein the opening [6] is disposed in the ferrule [4] (see Fig. 1).
As to Claim 6, Chan remains as applied above to Claim 1. Chan further discloses that the retention member [4] comprises a tapered portion having a ridge [7] aligned with an axis of the passage [6], the tapered portion including a barb (at edge of [7]), wherein the barb resists movement of the electrical cable assembly, sound tube or other member relative to the opening [6] (col. 5, lines 14-17).
As to Claim 7, Chan remains as applied above to Claim 1. Chan further discloses that the retention member [4] comprises a rib (at edge of [7]) aligned with an axis of the passage [6], wherein the rib resists rotation of the electrical cable assembly, sound tube [3] or other member relative to the opening [6] (col. 5, lines 14-17).
As to Claim 8, Chan remains as applied above to Claim 1. Chan further discloses the retention member [4] comprising a wedge-shaped portion (area between elements [7]) aligned with an axis of the passage [6], the wedge-shaped portion comprising a portion reducing an effective diameter of the opening [6] (see Fig. 3), the wedge-shaped portion (area between elements [7]) comprising a barb (at edge of [7]) mechanically engageable with the electrical cable assembly, sound tube [3] or other member upon insertion thereof into the opening [6] (see Fig. 1).
As to Claim 9, Chan remains as applied above to Claim 1. Chan further discloses the opening of the housing comprising an end wall having an aperture [6] (see Fig. 4), wherein an end [8] of the electrical cable assembly or sound tube [3] abuts against the end wall of the opening [6] when the electrical cable assembly, sound tube [3] or other member is fully inserted into the opening [6] (see Fig. 4).
As to Claim 13, Chan remains as applied above to Claim 1. Chan further discloses that the hearing device component is a behind-the-ear (BTE) unit comprising a speaker [2] and a sound tube [3] disposed in the opening [6] of the housing [1] and mechanically engaged with the retention member [4] (see Fig. 1).
Claims 1, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi, Chinese Publication No. CN 206993413 U, published on February 9, 2018 (Shi) (English machine translation provided).
As to Claim 1, Shi discloses a hearing device component [10] comprising: electrical or mechanical hearing device parts (para. 0027, lines 2-3); a housing [10] containing the electrical or mechanical hearing device parts (para. 0027, lines 2-3), the housing [10] comprising: an opening defining a passage configured to receive an end portion [31] of an electrical cable assembly [33] (para. 0026, lines 5-6), sound tube or other member; a retention member [12] protruding from an inner surface of the passage (see Fig. 3), the retention member [12] configured to mechanically engage the electrical cable assembly [33], sound tube or other member disposed in the opening (see Fig. 3), wherein the retention member [12] mechanically resists movement of the electrical cable assembly [33], sound tube or other member relative to the housing [10] when the electrical cable assembly [33], sound tube or other member is disposed in the opening (para. 0034, lines 5-6).
As to Claim 13, Shi remains as applied above to Claim 1. Shi further discloses that the hearing device component is a receiver-in-canal (RIC) unit comprising a speaker [20] and an electrical cable assembly [33] disposed in the opening of the housing [10] and mechanically engaged with the retention member [12] (see fig. 3).
As to Claim 15, Shi remains as applied above to Claim 1. Shi further discloses that the hearing device component is a behind-the-ear (BTE) connector [10] comprising electrical contacts [101] integrated with the housing [10] and an electrical cable assembly [33] disposed in the opening of the housing [10] (see Fig. 3), the electrical cable assembly [33] mechanically engaged with the retention member [12] (see Fig. 3).
Claims 1, 11-12, 14, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuang et al., Chinese Publication No. CN 113381235 A, published on September 10, 2021 (Kuang) (English machine translation provided).
As to Claim 1, Kuang discloses a hearing device component [1, 2] comprising: electrical or mechanical hearing device parts ([1] is a hearing aid assembly; para. 0036, lines 1-2); a housing [11, 12] containing the electrical or mechanical hearing device parts (para. 0041, line 1), the housing [11, 12] comprising: an opening [13] defining a passage configured to receive an end portion [21] of an electrical cable assembly [23] ([23] is an electrical cable; para. 0040, lines 1-3; with an end portion [21] that plugs into opening [13]; para. 0036, lines 8-9), sound tube or other member; a retention member (at [92]) protruding from an inner surface of the passage [13] (a positioning pin extends through [92]; para. 0051), the retention member (at [92]) configured to mechanically engage the electrical cable assembly [23], sound tube or other member disposed in the opening [13]; (para. 0051), wherein the retention member (at [92]) mechanically resists movement of the electrical cable assembly [23], sound tube or other member relative to the housing [11, 12] when the electrical cable assembly [23], sound tube or other member is disposed in the opening [13] (para. 0051).
As to Claim 13, Kuang remains as applied above to Claim 1. Kuang further discloses that the hearing device component is a receiver-in-canal (RIC) unit comprising a speaker [22] (para. 0040, lines 1-2) and an electrical cable assembly [23] disposed in the opening [13] of the housing [11, 12] and mechanically engaged with the retention member (at [92]) (para. 0036, lines 8-9).
As to Claim 15, Kuang remains as applied above to Claim 1. Kuang further discloses that the hearing device component is a behind-the-ear (BTE) connector [3] comprising electrical contacts [32] (para. 0036, lines 4-5) integrated with the housing [11, 12] (see Fig. 2) and an electrical cable assembly [23] disposed in the opening [13] of the housing [11, 12], the electrical cable assembly [23] mechanically engaged with the retention member (at [92]) (para. 0036, lines 8-9).
As to Claim 20, Kuang discloses a hearing device comprising: a receiver-in-canal component comprising a housing [11, 12] for a speaker and a nozzle configured for at least partial insertion in a user's ear canal (the hearing device is a RIC or Receiver in Canal device; para. 0036, line 1), the housing [11, 12] comprising: an opening [13] defining a passage with an inner surface (see Fig. 3); a retention member (at [92]) integrated with the housing [11, 12] and protruding from the inner surface of the opening [13] (a positioning pin extends through [92]; para. 0051); an electrical cable assembly [23] ([23] is an electrical cable; para. 0040, lines 1-3) comprising an end portion [21] disposed in the opening [13] of the housing [11, 12] and mechanically engaged with the retention member (at [92]), wherein the retention member (at [92]) resists rotation and axial movement of the electrical cable assembly [23] relative to the housing [11, 12] (para. 0051).
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 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Chan et al., U.S. Patent No. 9,204,228, patented on December 1, 2015 (Chan), in view of Wang et al., U.S. Patent No. 11,323,834, patented on May 3, 2022 (Wang).
As to Claim 4, Chan remains as applied above to Claim 1. Chan does not explicitly disclose that the housing comprises a Young's modulus greater than a Young's modulus of the electrical cable assembly, sound tube or other member. However, Chan does disclose that the flexibility of the tube part is suited for vibration decoupling between the receiver and case (Chan: col. 3, lines 11-19), and providing a lower Young’s modulus of a component to decouple vibrations from a high Young’s modulus component was well known. Wang teaches hearing aid components having different Young’s moduli, where one is greater than the other. The components comprise a hearing aid housing having different regions of high and low hardness to mitigate acoustic feedback (col. 3, lines 53-67 – col. 4, lines 1-2). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to provide a greater Young’s modulus for the housing by providing a lower Young’s modulus for the sound tube, in the hearing device of Chan.
As to Claim 5, Chan remains as applied above to Claim 1. Chan does not explicitly disclose that the housing comprises a yield strength greater than a yield strength of the electrical cable assembly, sound tube or other member. However, Chan does disclose that the flexibility of the tube part is suited for vibration decoupling between the receiver and case (Chan: col. 3, lines 11-19), and providing a lower yield strength of a component to decouple vibrations from a high yield component was well known. Wang teaches hearing aid components having different Young’s moduli, where one is greater than the other. The components comprise a hearing aid housing having different regions of high and low hardness to mitigate acoustic feedback (col. 3, lines 53-67 – col. 4, lines 1-2). Yield strength is directly proportional to modulus of elasticity. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to provide a greater yield strength for the housing by providing a lower yield strength for the sound tube, in the hearing device of Chan.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chan et al., U.S. Patent No. 9,204,228, patented on December 1, 2015 (Chan), in view of Nielsen, U.S. Patent No. 7,715,580, patented on May 11, 2010 (Nielsen).
As to Claim 10, Chen remains as applied above to Claim 1. Chen does not explicitly disclose that the housing is an assembly comprising first and second housing portions fastened together, the opening at least partially defined by a first partial opening of the first housing portion and a second partial opening of the second housing portion when the first and second housing portions are fastened together. However, providing two housing portions defining an opening was well known. Nielsen discloses a hearing device component having a housing [1] comprising an opening [11, 12] configured to receive an end portion [4] of a sound tube (col. 3, lines 60-63; see Figs. 1-4), the housing [1] is an assembly comprising first [2, 3] and second housing portions fastened together (see Fig. 1), the opening [11, 12] at least partially defined by a first partial opening [11, 12] of the first housing portion [2] and a second partial opening [11, 12] of the second housing portion [3] when the first [2] and second housing portions [3] are fastened together (col. 3, lines 41-46; see Figs. 1-4). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to provide the assembly housing comprising first and second housing portions, in the hearing device component of Chen, as a known technique for designing the housing of hearing aids.
Claims 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manley, U.S. Publication No. 2020/0213707, published on July 2, 2020 (Manley) in view of Shi, Chinese Publication No. CN 206993413 U, published on February 9, 2018 (Shi) (English machine translation provided).
As to Claim 16, Manley discloses a hearing device comprising: a balanced armature receiver [102] (para. 0013) comprising a housing [102] having a nozzle [108] configured for at least partial insertion in a user's ear canal (para. 0017, lines 5-8), the housing [102] comprising: an opening [128] defining a passage through a wall portion of the housing [102] (see Fig. 1); a retention member [132] comprising a portion of the housing protruding into the opening [128] (the retention member comprises a socket with the a protruding portion between recesses [140, 141]; see Fig. 1); an electrical cable assembly [130] comprising another end portion [134] disposed in the opening [128] of the housing [102], the retention member [132] mechanically engaging and retaining the end portion [134] disposed in the opening [128] of the housing [102] (para. 0020, lines 10-14), wherein the retention member [132] resists movement of the electrical cable assembly [130] relative to the housing [102] (the retention member retains the electrical cable assembly [130] in the opening, while allowing for removability; para. 0020, lines 5-10).
Manley does not explicitly disclose that the electrical cable assembly comprises a connector on one end portion. However, providing a connector at the portion of a cable that connects a receiver in canal device such as Manley’s was well known. Shi discloses a similar hearing device comprising a receiver in canal component [20] connected to an electrical cable assembly [33] comprising an end portion with a connector [31] (see Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate a connector at the end of the electrical cable assembly of Manley, for the obvious benefit of allowing a connection to a behind-the-ear component.
As to Claim 17, Manley and Shi remain as applied above to Claim 16. Manley further discloses that the retention member [132] resists rotation and axial movement of the electrical cable assembly [130] relative to the housing [102] (Manley and Shi disclose the claimed structure, which would inherently perform the claimed function).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., Chinese Publication No. CN 113381235 A, published on September 10, 2021 (Kuang) (English machine translation provided), in view of Nielsen, U.S. Patent No. 7,715,580, patented on May 11, 2010 (Nielsen).
As to Claim 23, Kuang remains as applied above to Claim 1. Kuang does not explicitly disclose that the housing is an assembly comprising first and second housing portions fastened together, the opening at least partially defined by a first partial opening of the first housing portion and a second partial opening of the second housing portion when the first and second housing portions are fastened together. However, providing two housing portions defining an opening was well known. Nielsen discloses a hearing device component having a housing [1] comprising an opening [11, 12] configured to receive an end portion [4] of a sound tube (col. 3, lines 60-63; see Figs. 1-4), the housing [1] is an assembly comprising first [2, 3] and second housing portions fastened together (see Fig. 1), the opening [11, 12] at least partially defined by a first partial opening [11, 12] of the first housing portion [2] and a second partial opening [11, 12] of the second housing portion [3] when the first [2] and second housing portions [3] are fastened together (col. 3, lines 41-46; see Figs. 1-4). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to provide the assembly housing comprising first and second housing portions, in the hearing device component of Kuang, as a known technique for designing the housing of hearing aids.
Allowable Subject Matter
Claims 11-12, 18-19, 21-22 and 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 11 and 18 both recite the unique features of the housing being a balanced armature receiver housing connected to an electrical cable assembly, the housing comprising a first metal housing portion fastened to a second metal housing portion, the opening at least partially defined by a first opening portion of the first metal housing portion and a second opening portion of the second metal housing portion, the passage extending through a wall portion of the housing, and multiple retention members each comprising a corresponding wall portion protruding into the opening. Claim 21 recites the unique features of the retention member comprising a tapered portion having a ridge aligned with an axis of the opening, the tapered portion including a barb. Claim 22 recites the unique features of an end of the electrical cable assembly abutting against the end wall of the opening when inserted into the opening. Claim 24 recites the unique feature of the housing comprising a ferrule comprising a retention feature, the opening disposed in the ferrule, wherein the ferrule is fastened to the housing. 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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