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 1-27 are pending.
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.
Claim(s) 12, 16-21, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozden (WO 2016/2071215 A1) in view of Vazquez et al (US Publication No. 20190027833).
Regarding claims 12 and 21, Ozden teaches a hearing device for placement in an ear of a user, the hearing device (10) comprising: at least one input transducer (11, microphone); an output transducer (13, receiver); a wireless communication unit (14, 16, wireless transceiver) and a set of antennas (15, 17, antenna); wherein the hearing device comprises a reference axis, the reference axis being parallel to an ear-to-ear axis of the user when the hearing device is worn by the user in an operable position; wherein the set of antennas comprises: a first antenna (15 or 17) configured to operate a first frequency, the first antenna comprising a first electrically conducting segment extending in a first direction; and a second antenna (15 or 17) configured to operate at a frequency, the second antenna comprising a second electrically conducting segment extending in a second direction, the second direction being different from the first direction (Ozden; page 6 lines 1-3, orthogonal).
Ozden fails to teach the first and second antenna transmits or received radiation at the first frequency.
Vazquez teaches having an antenna structure (Fig. 3, 40U, 40L) used in electronic devices, wherein each first and second antenna (40U, 40L) are composed of an more than one antenna (fig. 3, U-1, U-2, L-1, L-2; figs. 7-11, several different configurations) with the same frequency to enhance data reception and transmission (para. 0004, 0052).
Regarding claim 16, the combination of Ozden and Vazquez teaches the hearing device of claim 12, (option 1) wherein the wireless communication unit (14, 16) is operable in a switching mode, in which the wireless communication unit is configured to switch between (1) transmitting and receiving via the first antenna (15 or 17; wherein each of 15 or 17 is a configuration of multiple antennas, Vazquez) or (2) transmitting and receiving via the second antenna (15 or 17; wherein each of 15 or 17 is a configuration of multiple antennas, Vazquez); and/or (option 2) wherein the wireless communication unit is operable in a combining mode, in which the wireless communication unit is configured to transmit and receive via both the first antenna and the second antenna.
Regarding claim 17, the combination of Ozden and Vazquez teaches the hearing device of claim 12, wherein the wireless communication unit is configured to compare a strength and/or a phase of a signal received by the first antenna, and a strength of a signal received by the second antenna, to obtain a wireless link characteristic (Vazquez; para. 0136; phase and magnitude for antennas).
Regarding claims 18-20, the combination of Ozden and Vazquez teaches the hearing device of claim 12, wherein the first (or second) direction is at an angle relative to the reference axis, the angle being 90 0+/- 20°. Since Ozden teaches placement of an antenna in an orthogonal relationship (page 5 lines 21-24), the Examiner takes Official Notice that it is well known in the art to place antennas at a 90 degree angle.
One of ordinary skill in the art before the effective filing date of the claimed invention could have applied an antenna structure in the same manner as taught by Vazquez in the invention of Ozden as the result would have been predictable.
Regarding claims 26, the combination of Ozden and Vazquez fails to teach the hearing device of claim 1, wherein one or each of the first antenna and the second antenna comprises at least one tuning cap.
However, the Examiner takes Official Notice that it is well known to use tuning cap(s) for antenna to alter the impedance and enhance communication.
One of ordinary skill in the art before the effective filing date of the claimed invention could have applied an antenna structure in the same manner as stated in the invention of Ozden and Vazquez as the result would have been predictable.
One of ordinary skill in the art before the effective filing date of the claimed invention could have applied an antenna structure in the same manner as taught by Vazquez in the invention of Ozden as the result would have been predictable
Allowable Subject Matter
Claim(s) 1-11 is/are allowed.
Claim(s) 13-15, 22-25, 27 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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September 18, 2026
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694
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