DETAILED ACTION
The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691.
This communication is responsive to the claims filed 12/11/2024.
Claim Objections
Claims 13-14 are objected to under 37 CFR 1.75(c), as being of improper dependent form for failing to further limit the subject matter of a previous claim. Applicant is required to cancel the claim(s), or amend the claim(s) to place the claim(s) in proper dependent form, or rewrite the claim(s) in independent form. Claim 1 claims a hearing instrument; and claims 13-14 claim another embodiment of this invention, which clearly fail to further limit claim 1.
Appropriate correction is required.
Notice of Pre-AIA or AIA Status
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 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.
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 1-2 and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cousins et al. (U. S. Pat. App. Pub. No. – 2023/0269514).
Regarding claim 1, Cousins et al. disclose a hearing instrument (300), comprising: a housing (310) to be worn behind an ear or in the ear of a user in a designated wearing position; a battery (238), a wireless communications apparatus (264, 262, 260), and a capacitive sensor (236) arranged in said housing; said wireless communications apparatus including an antenna (239/252) and a transceiver unit (234/251) electrically connected thereto; said capacitive sensor including at least one sensor electrode and a control and evaluation circuit electrically connected thereto (Fig. 2); and at least one of said battery or said antenna, or at least a portion of said antenna, being configured for use as said at least one sensor electrode of said capacitive sensor ([0045-0050]) as claimed.
Regarding claim 2, Cousins et al. further disclose the hearing instrument, wherein said control and evaluation circuit of said capacitive sensor is configured to apply an alternating voltage to said at least one sensor electrode and to measure a response signal that is responsive to the alternating voltage, the response signal being characteristic of an electrical capacitance associated with said at least one sensor electrode ([0045-0050]).
Regarding claim 10, Cousins et al. further disclose the hearing instrument, wherein: said antenna comprises two portions, being a first portion and a second portion, and wherein: only one of said two portions of said antenna is used as a sensor electrode of said capacitive sensor; or said two portions of said antenna are used as different sensor electrodes of said capacitive sensor ([0045-0050]).
Regarding claim 11, Cousins et al. further disclose the hearing instrument, wherein said control and evaluation circuit of said capacitive sensor is configured to apply a sensor voltage to and measure the response signal at the same sensor electrode ([0045-0050]).
Regarding claim 12, Cousins et al. further disclose the hearing instrument, wherein: said capacitive sensor comprises at least two sensor electrodes that are electrically connected to said control and evaluation circuit; said control and evaluation circuit of said capacitive sensor is configured to apply a sensor voltage to one of said two sensor electrodes and to measure the response signal at another of said two sensor electrodes ([0045-0050]).
Regarding claims 13-14, Cousins et al. disclose a hearing system (200), comprising: a hearing instrument (230); a fit-monitoring unit (210) configured to check how the housing of the hearing instrument fits behind or in the ear of the user on a basis of a sensor signal output by the capacitive sensor (Fig. 2) and, when a placement of the housing is determined to deviate from a designated wearing position: to cause a message to be output that indicates the deviating fit of the housing; and/or to adjust at least one signal processing parameter of the hearing instrument on the basis of the sensor signal output by the capacitive sensor, in order to adapt a signal processing of the hearing instrument to the fit of the housing as claimed ([0045-0050]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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.
Claims 3-9 are rejected under 35 U.S.C. 103(a) as being unpatentable over Cousins et al. (U. S. Pat. App. Pub. No. – 2023/0269514).
Regarding claims 3-5, Cousins et al. may not specially teach that said wireless communications apparatus is configured to emit and receive electromagnetic radiation at a radio frequency as claimed. Since providing suitable radio frequency for a wireless communications apparatus to emit/receive electromagnetic radiation is very well known in the art (Official Notice), and Cousins et al. do suggest for modification of his invention ([0123]), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable radio frequency, such as 100MHz or 2.4 GHz (commercial communication module), for the wireless communications apparatus to emit/receive electromagnetic radiation, for the hearing instrument taught by Cousins et al., in order to effectively and efficiently manufacture the hearing instrument, especially for certain users.
Regarding claims 6-7, Cousins et al. may not specially teach that said control and evaluation circuit of said capacitive sensor is configured to create the sensor voltage at an AC voltage frequency of less than 10 MHz as claimed. Since providing suitable capacitive sensor voltage at an AC voltage frequency for a wireless communications is very well known in the art (Official Notice), and Cousins et al. do suggest for modification of his invention ([0123]), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable sensor voltage, such as at an AC voltage frequency of less than 10 MHz for the hearing instrument taught by Cousins et al., in order to effectively and efficiently manufacture the hearing instrument, especially for certain users.
Regarding claims 8-9, Cousins et al. further disclose the hearing instrument, wherein said at least one sensor electrode is one of a plurality of sensor electrodes ([0045-0050]) as claimed. But Cousins et al. may not specially teach that a frequency-selective filter is respectively interposed between said capacitive control and evaluation circuit and each of said sensor electrodes. Since providing suitable filter means for selecting desirable signals received by capacitive sensors of a hearing instrument is very well known in the art (Official Notice), and Cousins et al. do suggest for modification of his invention ([0123]), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable filter means, such as a suitable frequency-selective filter, between said capacitive control and evaluation circuit of the hearing instrument taught by Cousins et al., in order to effectively and efficiently process the signals received by capacitive sensors of the hearing instrument, especially for certain users and/or under certain environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm.
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/SUHAN NI/Primary Examiner, Art Unit 2691
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