DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-18 are pending.
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.
Claim 1, 13 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 19-21 of U.S. Patent No. 10567892 (US Application No. 16297045). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims in the present application are covered by the scope of the claims in the patent with obvious wording variations as shown by the example below:
18971911
16297045
1. A speaker unit detachably mountable to a hearing aid device body configured to be positioned behind an ear of a wearer, the speaker unit comprising:
a contacting unit configured to be detachably mountable to a hearing aid device connector of the hearing aid device, the contacting unit comprising at least one contact element;
a speaker unit body configured to be positioned at least partly in an ear canal of the wearer, the speaker unit body comprising an output transducer unit configured to provide an acoustic signal based on an electrical signal input to the output transducer unit via the at least one contact element;
a connecting unit provided between the speaker unit body and the contacting unit and including at least one wire configured to electrically connect the speaker unit body and the contacting unit; and
one or more decoupling elements configured to decouple one or more electronic components in the speaker unit at one or more frequencies by blocking and/or attenuating electrical signals at one or more frequencies or frequency ranges, wherein at least one of the one or more decoupled electronic components is arranged in the contacting unit.
19. A hearing aid device system comprising: a hearing aid device body configured to be arranged behind an ear of a wearer and including an input transducer, a signal processor adapted to process a signal from the input transducer to compensate for the wearer's hearing loss, and a hearing aid device connector, and
a speaker unit detachably mountable to the hearing aid device body, the speaker unit comprising
a contacting unit comprising at least one contact element and configured to be detachably mountable to said hearing aid device connector of said hearing aid device,
a speaker unit body configured to be positioned at least partly in an ear canal of the wearer and comprising an output transducer unit configured to provide an acoustic signal based on an electrical signal input to said output transducer unit via said at least one contact element,
a connecting unit provided between said speaker unit body and said contacting unit and including at least one wire configured to electrically connect said speaker unit body and said contacting unit, and a memory unit configured to store data relating to said speaker unit, wherein the memory unit is arranged in the speaker unit body in connection with or on a printed circuit board and wherein
an additional printed circuit board is arranged in the speaker unit body, and wherein
at least one decoupling element is arranged between the printed circuit board and the additional printed circuit board so as to electromagnetically decouple the two printed circuit boards.
20. The speaker unit according to claim 18, wherein the connecting unit is electrically attached to the printed circuit board.
21. The speaker unit according to claim 19, wherein an antenna is at least partly formed in the connecting unit, and the decoupling element is configured to decouple signals around an operational frequency of the antenna.
Application No.16297045 does not teach wherein at least one of the one or more decoupled electronic components is arranged in the contacting unit.
However, Application No. 17863067 teaches at least one of the one or more decoupled electronic components is arranged in the contacting unit.
It would have been obvious matter of design choice to allow the decoupling electronic component to be in any place that would effectively disengage signal interference since Applicant's has not disclosed that having a particular orientation of the decoupled component solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the decoupled component in any location including the contacting unit [In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)].
Claim 1, 13 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-5 of U.S. Patent No. 11477585 (US Application No. 17081777) in view of 12212934 (US Application No. 17863067). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims in the present application are covered by the scope of the claims in the patent with obvious wording variations as shown by the example below:
18971911
17081777
1. A speaker unit detachably mountable to a hearing aid device body configured to be positioned behind an ear of a wearer, the speaker unit comprising:
a contacting unit configured to be detachably mountable to a hearing aid device connector of the hearing aid device, the contacting unit comprising at least one contact element;
a speaker unit body configured to be positioned at least partly in an ear canal of the wearer, the speaker unit body comprising an output transducer unit configured to provide an acoustic signal based on an electrical signal input to the output transducer unit via the at least one contact element;
a connecting unit provided between the speaker unit body and the contacting unit and including at least one wire configured to electrically connect the speaker unit body and the contacting unit; and
one or more decoupling elements configured to decouple one or more electronic components in the speaker unit at one or more frequencies by blocking and/or attenuating electrical signals at one or more frequencies or frequency ranges, wherein at least one of the one or more decoupled electronic components is arranged in the contacting unit.
1. A speaker unit detachably mountable to a hearing aid device body configured to be positioned behind an ear of a wearer, the speaker unit comprising:
a contacting unit comprising at least one contact element and configured to be detachably mountable to a hearing aid device connector of said hearing aid device;
a speaker unit body configured to be positioned at least partly in an ear canal of the wearer and comprising an output transducer unit configured to provide an acoustic signal based on an electrical signal input to said output transducer unit via said at least one contact element;
a connecting unit provided between said speaker unit body and said contacting unit and including at least one wire configured to electrically connect said speaker unit body and said contacting unit; and a first printed circuit board arranged in the speaker unit body,
wherein the first printed circuit board is arranged so that a length-wise direction of the first printed circuit board is arranged in a direction parallel to the length-wise direction of the speaker unit body and so that the first printed circuit board is located in a portion of the speaker unit body proximate said connecting unit.
2. The speaker unit according to claim 1, further comprising a second printed circuit board, wherein the first and second printed circuit boards are arranged perpendicular to each other.
3. The speaker unit according to claim 2, wherein said second printed circuit board is arranged on the opposite side of said output transducer unit with respect to an outlet of said output transducer unit.
4. The speaker unit according to claim 2, wherein one of said printed circuit boards is decoupled from the other at one or more frequencies via one or more decoupling elements configured to block and/or attenuate electrical signals at least certain frequencies or frequency range or ranges.
5. The speaker unit according to claim 4, wherein one or more of the decoupling elements is one of: a capacitor, an inductor, a coil, an electrical element,
constituting a filter, such as a low pass filter, a high-frequency choke element or other suitable element.
Application No.17081777 does not teach wherein at least one of the one or more decoupled electronic components is arranged in the contacting unit.
However, Application No. 17863067 teaches at least one of the one or more decoupled electronic components is arranged in the contacting unit.
It would have been obvious matter of design choice to allow the decoupling electronic component to be in any place that would effectively disengage signal interference since Applicant's has not disclosed that having a particular orientation of the decoupled component solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the decoupled component in any location including the contacting unit [In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)].
Claim 1, 13 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12212934 (US Application No. 17863067). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims in the present application are covered by the scope of the claims in the patent with obvious wording variations as shown by the example below:
18971911
17863067
1. A speaker unit detachably mountable to a hearing aid device body configured to be positioned behind an ear of a wearer, the speaker unit comprising:
a contacting unit configured to be detachably mountable to a hearing aid device connector of the hearing aid device, the contacting unit comprising at least one contact element;
a speaker unit body configured to be positioned at least partly in an ear canal of the wearer, the speaker unit body comprising an output transducer unit configured to provide an acoustic signal based on an electrical signal input to the output transducer unit via the at least one contact element;
a connecting unit provided between the speaker unit body and the contacting unit and including at least one wire configured to electrically connect the speaker unit body and the contacting unit; and
one or more decoupling elements configured to decouple one or more electronic components in the speaker unit at one or more frequencies by blocking and/or attenuating electrical signals at one or more frequencies or frequency ranges, wherein at least one of the one or more decoupled electronic components is arranged in the contacting unit.
1. (Currently Amended) A speaker unit detachably mountable to a hearing aid device body configured to be positioned behind an ear of a wearer, the speaker unit comprising:
a contacting unit comprising at least one contact element and configured to be detachably mountable to a hearing aid device connector of said hearing aid device;
a speaker unit body configured to be positioned at least partly in an ear canal of the wearer and comprising an output transducer unit configured to provide an acoustic signal based on an electrical signal input to said output transducer unit via said at least one contact element;
a connecting unit provided between said speaker unit body and said contacting unit and including at least one wire configured to electrically connect said speaker unit body and said contacting unit; a tab, wherein the at least one contact element is arranged on at least one side of said tab; and
one or more decoupling elements configured to decouple at least two electronic components in the speaker unit at one or more frequencies by blocking and/or attenuating electrical signals at one or more frequencies or frequency ranges, wherein at least one of the decoupled electronic components is arranged in the contacting unit.
4. The speaker unit according to claim 1, further comprising a printed circuit board on which is provided another one of the decoupled electronic components, which is decoupled from the at least one of the decoupled electronic components arranged in the contacting unit provided, wherein said printed circuit board is arranged on an opposite side of said output transducer unit with respect to an outlet of said output transducer unit.
Allowable Subject Matter
Claim(s) 2-12, 14-18 is/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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHYLESHA DABNEY whose telephone number is (571)272-7494. The examiner can normally be reached Monday - Wednesday and Friday 10:30-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 5712727503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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September 18, 2026
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694
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