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 .
Allowable Subject Matter
Claims 1 – 15 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art cited on the IDS and the 892 do not fairly teach or disclose the highlighted portions below.
A device for estimating a real-ear-to-coupler-difference (RECD) in a hearing
aid adapted to be worn at an car of a person, the device comprising a processor configured to perform a process comprising:
receiving a feedback signal picked up by an input transducer of the hearing aid; based on the feedback signal, providing a frequency dependent feedback path
estimate representative of a leakage of sound from an output transducer of the hearing aid to the input transducer of the hearing aid;
estimating a low-frequency RECD value;
estimating a quarter wavelength notch at a relatively high frequency from the feedback path estimate;
estimating a high-frequency RECD value in dependence of the estimated quarter wavelength notch; and
determining estimated frequency dependent RECD values in dependence of said estimated low-frequency RECD value and said estimated high-frequency RECD value.
9. A hearing aid adapted to be worn at and/or in an ear of a user, the hearing aid comprising an earpiece adapted for being located fully or partially in an ear canal of the user, the earpiece being configured to define a residual volume in the car canal between the earpiece and an eardrum of the user when the earpiece is mounted in the ear canal of the user, where the earpiece comprises
at least one ventilation channel or opening configured to allow an exchange of air between the residual volume and an environment of the hearing aid, and
a sound outlet allowing sound from an output transducer of the hearing aid to be played into the residual volume;
a signal processor configured to, at least in a specific RECD estimation mode of operation of the hearing aid, estimate frequency dependent real ear to coupler values for said hearing aid when mounted in the ear canal of the user by
based on a feedback signal picked up by an input transducer of the hearing aid, providing a frequency dependent feedback path estimate representative of a leakage of sound from the output transducer to the input transducer;
estimating a low-frequency RECD value; estimating a quarter wavelength notch at a relatively high frequency from said feedback path estimate;
estimating a high-frequency RECD value in dependence of said estimated quarter wavelength notch; and
determining estimated frequency dependent RECD values in dependence of the estimated low-frequency RECD value and the estimated high-frequency RECD value.
14. A hearing aid adapted to be worn at an ear of a user, the hearing aid comprising
an ITE-part adapted for being located fully or partially in an ear canal of the user and configured to define a residual volume in the ear canal between the ITE-part and an eardrum of the user when the ITE-part is mounted in the ear canal of the user; and comprising
at least one ventilation channel or opening configured to allow an exchange of air between the residual volume and an environment of the hearing aid and to allow an exchange of air between said residual volume and an environment of the hearing aid, when the ITE-part is mounted in the ear canal of the user, and
a sound outlet allowing sound to provide that said output sound is delivered to the residual volume when the ITE-part is mounted in the ear canal of the user, wherein the hearing aid is configured to
provide a frequency dependent feedback path estimate;
estimate a low-frequency-roll-off-resonance frequency from the feedback path estimate;
estimate a low-frequency RECD value in dependence of the estimated low- frequency-roll-off-resonance frequency;
estimate a high-frequency RECD value; and
determine estimated frequency dependent RECD values in dependence of the estimated low-frequency RECD value and the estimated high-frequency RECD value.
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 – 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 20 of U.S. Patent No. 12,200,444. Although the claims at issue are not identical, they are not patentably distinct from each other because both patent claims and the instant claims are claiming similar limitations with obvious phrase or word changes. For example, both claim a hearing aid, real-ear-to-coupler-difference (RECD), an input transducer, leakage from an output transducer and feedback, among other things. Any additional claim language not found in the instant claims is found in the dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note the Abstracts and Figs. of the additional references cited on the accompanying 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William Deane whose telephone number is 571 - 272- 7484. The examiner can normally be reached on Monday - FRIDAY from 9:00 A.M. to 5:00 P.M. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ahmad Matar, can be reached on 571-272-7488.
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11Jun2026
/WILLIAM J DEANE JR/ Primary Examiner, Art Unit 2693
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