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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 27, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 11-15, 22, 25 and 29 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bergs et al. (US 2018/0124530 A1).
As to claim 1, Bergs discloses a seismic mass transducer [0049] comprising:
a seismic mass [“The combination of the piezoelectric component and the counterweight creates a transducer-seismic mass assembly.” §0049]; and
a transducer [Piezoelectric component], wherein the seismic mass is configured to contact the transducer to prevent over-deflection of the transducer [“In the deceleration scenario sufficient to compress the spring as shown in a manner that results in the counterweight moving upwards with the entire piezoelectric component, thus preventing the over stressing of the piezoelectric component that could result in the failure mode detailed above.” §0056].
As to claim 2, Bergs discloses the seismic mass transducer of claim 1, wherein: the transducer is configured to deflect to cause transduction [“These electrical signals are utilized by the sound processor to generate control signals that cause the actuator to vibrate. In other words, the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull “ §0032].
As to claim 3, Bergs discloses the seismic mass transducer of claim 1, wherein: the transducer has a peripheral edge that extends about the periphery of the transducer; and the transducer is configured to deflect about a location inboard of the peripheral edge to cause transduction [“These electrical signals are utilized by the sound processor to generate control signals that cause the actuator to vibrate. In other words, the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull “ §0032].
As to claim 4, Bergs discloses the seismic mass transducer of claim 1, wherein: the transducer has a peripheral edge that extends about the periphery of the transducer; and the seismic mass is configured to contact the transducer at a location inboard of a peripheral edge to prevent over-deflection at a location on the peripheral edge [“These electrical signals are utilized by the sound processor to generate control signals that cause the actuator to vibrate. In other words, the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull “ §0032].
As to claim 5, Bergs discloses the seismic mass transducer of claim 1, wherein: the transducer has a peripheral edge that extends about the periphery of the transducer [“These electrical signals are utilized by the sound processor to generate control signals that cause the actuator to vibrate. In other words, the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull “ §0032]; and the seismic mass is coupled to the transducer only at the peripheral edge [“These electrical signals are utilized by the sound processor to generate control signals that cause the actuator to vibrate. In other words, the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull “ §0032].
As to claim 6, Bergs discloses the seismic mass transducer of claim 5, wherein: the peripheral edge of the transducer is configured to move inwardly relative to the seismic mass when the transducer deflects [“In an exemplary embodiment, the springs permit the entire transducer-seismic mass assembly to move upwards and/or downwards when subjected to a high acceleration and/or a high deceleration.” §0049].
As to claim 7, Bergs discloses the seismic mass transducer of claim 1, wherein: the seismic mass substantially covers one side of the transducer [“The springs permit the entire transducer-seismic mass assembly to move upwards and/or downwards when subjected to a high acceleration and/or a high deceleration.” §0049].
As to claim 8, Bergs discloses the seismic mass transducer of claim 1, wherein: the seismic mass is coupled to the transducer by at least one compliant joint [“The springs permit the entire transducer-seismic mass assembly to move upwards and/or downwards when subjected to a high acceleration and/or a high deceleration.” §0049].
As to claim 9, Bergs discloses the seismic mass transducer of claim 7, wherein: the compliant joint is configured to deform in shear when the transducer deflects [“In other words, the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull “ §0032].
As to claim 11, Bergs discloses the seismic mass transducer of claim 1, wherein: the transducer is a piezoelectric element [“The springs permit the entire piezoelectric component to move upwards and/or downwards when subjected to a high acceleration and/or a high deceleration..” §0049].
As to claim 12, Bergs discloses the seismic mass transducer of claim 1, wherein: the transducer has a peripheral edge that extends about the periphery of the transducer [“These electrical signals are utilized by the sound processor to generate control signals that cause the actuator to vibrate. In other words, the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull “ §0032]; and
the seismic mass transducer has an input and/or output coupling that connects to the transducer at a location inboard of a peripheral edge [“These electrical signals are utilized by the sound processor to generate control signals that cause the actuator to vibrate. In other words, the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull “ §0032].
As to claim 13, Bergs discloses a transducer [Piezoelectric component], comprising:
a housing [554 on FIG. 5]; and
a piezoelectric bender [555 on FIG. 5] located in the housing, wherein bending of the piezoelectric bender is damped via at least one of gas damping or shear damping [“The damping component is a silicone gel component that extends from the inside of the housing to the upper surface of the counterweight. The examiner chooses the shear damping because of the simple or.” §0056].
As to claim 14, Bergs discloses the transducer of claim 13, wherein: the bending is damped via gas damping [“The damping component is a silicone gel component that extends from the inside of the housing to the upper surface of the counterweight. The examiner chooses the shear damping because of the simple or.” §0056].
As to claim 15, Bergs discloses the transducer of claim 13, wherein: the bending is damped via shear damping [“The damping component is a silicone gel component that extends from the inside of the housing to the upper surface of the counterweight. The examiner chooses the shear damping because of the simple or.” §0056].
As to claim 22, Bergs discloses a method [§0006], comprising:
obtaining a component of a device [FIG. 5] including a transducer-seismic mass assembly located within a housing [“The combination of the piezoelectric component and the counterweight creates a transducer-seismic mass assembly.” §0049]; and
operating the transducer of the assembly such that the transducer bends upwards and/or downwards to produce vibrations that are outputted from the component while preventing the transducer from (i) fully bending upward and fully bending downward or [“The damping component is a silicone gel component that extends from the inside of the housing to the upper surface of the counterweight. The examiner chooses the (1) limitation because of the simple or.” §0056],
wherein the seismic mass assembly is free of contact with the housing during normal operation other than via the transducer [“The piezoelectric component is not hard mounted or rigidly mounted to the core, or hard mounted or rigidly mounted directly or indirectly to the housing for that matter,” §0056].
As to claim 25, Bergs discloses the method of claim 22, wherein: the transducer is damped via at least one of gas or shear damping during operation of the transducer during operation of the transducer [“The damping component is a silicone gel component that extends from the inside of the housing to the upper surface of the counterweight. The examiner chooses the (1) limitation because of the simple or.” §0056].
As to claim 29, Bergs discloses the method of claim 22, wherein: during operation of the transducer, a mass of the seismic-mass assembly moves relative to the transducer [“The combination of the piezoelectric component and the counterweight creates a transducer-seismic mass assembly.” §0049].
Allowable Subject Matter
Claims 10, 16-21, 23-24 and 26-28 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 and upon receiving a terminal disclaimer.
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 1-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-26 of U.S. Patent No. 12,167,205 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.
Patented claim 20 recites a component of a bone conduction device which perform the feature of the component is configured to enable permanent shock-proofing of the piezo transducer of the piezo-seismic mass assembly beyond that which results from damping while at least a portion of the piezo-seismic mass assembly is fixed relative to the housing.
The pending claim 13 recites a transducer which perform the similar feature of bending of the piezoelectric bender is damped via at least one of shear damping.
Therefore, the patented claim 20 anticipates the pending 13.
Pending claims
Patented claims
13. A transducer, comprising: a housing; and a piezoelectric bender located in the housing, wherein bending of the piezoelectric bender is damped via at least one of gas damping or shear damping.
20. A component of a bone conduction device, comprising: a housing; and a piezo-seismic mass assembly configured to flap to evoke a hearing percept as a result of energizement of a piezoelectric transducer of the assembly, wherein the component is configured to enable permanent shock-proofing of the piezo transducer of the piezo-seismic mass assembly beyond that which results from damping while at least a portion of the piezo-seismic mass assembly is fixed relative to the housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Gustafsson (US 20180035219 A1) discloses transcutaneous bone conduction devices having seismic mass actuators that impart vibration to a recipient's skull via relative movement of an associated seismic mass and a coupling mass.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.
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/GERALD GAUTHIER/Primary Examiner, Art Unit 2692
August 7, 2026
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