DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This office action is in response to applicant’s filing dated 4/24/2025, claims 2-21 are currently pending in the application.
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-21 of U.S. Patent No. 12212933. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the application under examination is a wording variation of the claims of the patent as shown in the claim mapping table below:
Application under examination
U. S. Patent No. 12212933
2. (New) A hearing device, comprising: a multiband antenna configured for wireless communication; and a communications module including a multi-mode radio in communication with the multiband antenna, the multi-mode radio configured to receive a frequency control signal to provide input for matching of an operational frequency band for the multiband antenna by the multi-mode radio.
2. (Previously Presented) A hearing device, comprising: a processor; and a communications module including a multi-mode radio in communication with the processor, the multi-mode radio configured to receive an information signal and a frequency control signal to provide input for selection of a mode of the multi-mode radio.
3. (New) The hearing device of claim 2, further comprising a processor configured to process signals to correct for hearing impairment of a wearer of the hearing device.
7. (Previously Presented) The hearing device of claim 2, further comprising a processor configured to process signals to correct for hearing impairment of a wearer of the hearing device.
4. (New) The hearing device of claim 3, wherein the frequency control signal is received from the processor.
3. (Previously Presented) The hearing device of claim 2, wherein the frequency control signal is received from the processor.
5. (New) The hearing device of claim 2, wherein the frequency control signal is received from combination logic.
4. (Previously Presented) The hearing device of claim 2, wherein the frequency control signal is received from combination logic.
6. (New) The hearing device of claim 2, wherein the frequency control signal is received from a received signal strength indication (RSSI) module.
5. (Previously Presented) The hearing device of claim 2, wherein the frequency control signal is received from a received signal strength indication (RSSI) module.
7. (New) The hearing device of claim 2, wherein the multi-mode radio is programmable to provide separate communication channels supporting concurrent communications.
6. (Previously Presented) The hearing device of claim 2, wherein the multi-mode radio is programmable to provide separate communication channels supporting concurrent communications.
8. (New) The hearing device of claim 3, further comprising a microphone configured to receive sound and convert the sound to an electrical signal that is provided to the processor.
8. (Previously Presented) The hearing device of claim 2, further comprising a microphone configured to receive sound and convert the sound to an electrical signal that is provided to the processor.
9. (New) The hearing device of claim 3, further comprising a receiver configured to receive processed signals from the processor and to play sound for the wearer using the signals.
9. (Previously Presented) The hearing device of claim 2, further comprising a receiver configured to receive processed signals from the processor and to play sound for a wearer of the hearing device using the processed signals.
10. (New) The hearing device of claim 2, wherein the multi-mode radio is configured to support hybrid modulation techniques.
10. (Previously Presented) The hearing device of claim 2, wherein the multi-mode radio is configured to support hybrid modulation techniques.
11. (New) The hearing device of claim 2, wherein the hearing device includes a hearing assistance device.
11. (Previously Presented) The hearing device of claim 2, wherein the hearing device includes a hearing assistance device.
12. (New) The hearing device of claim 11, wherein the hearing assistance device includes a hearing aid.
12. (Previously Presented) The hearing device of claim 11, wherein the hearing assistance device includes a hearing aid.
13. (New) A method of operating a hearing device including a multiband antenna, the method comprising: receiving, using a multi-mode radio, a frequency control signal configured to control frequency of operation of the multi-mode radio; and matching, using the multi-mode radio, an operational frequency band for the multiband antenna based on the received frequency control signal.
13. (Previously Presented) A method of operating a hearing device, the method comprising: receiving, using a multi-mode radio, an information signal and a frequency control signal from a processor of the hearing device; and selecting, using the multi-mode radio, a mode of the multi-mode radio based on one or more of the information signal and the frequency control signal.
14. (New) The method of claim 13, further comprising: processing, using a processor in communication with the multi-mode radio, a signal received from the multi-mode radio to correct for hearing impairment of a wearer of the hearing device.
Claim is rejected for being the method comprising at least the same elements and performing at least the same functions performed by the device of rejected claim 3 (see rejection of claim 3 above).
15. (New) The method of claim 13, further comprising: communicating, using the multi- mode radio, with a second hearing device.
Claim is rejected for being the method comprising at least the same elements and performing at least the same functions performed by the device of rejected claim 7 (see rejection of claim 7 above).
16. (New) The method of claim 13, further comprising: communicating, using the multi- mode radio, with a body-worn device.
16. (New) The method of claim 13, further comprising: communicating, using the multi- mode radio, with a body-worn device.
17. (New) The method of claim 13, further comprising: communicating, using the multi- mode radio, with a remote device.
17. (Previously Presented) The method of claim 13, further comprising: communicating, using the multi-mode radio, with a remote device.
18. (New) The method of claim 13, further comprising: providing, using the multi-mode radio, separate communication channels supporting concurrent communications.
Claim is rejected for being the method comprising at least the same elements and performing at least the same functions performed by the device of rejected claim 7 (see rejection of claim 7 above).
19. (New) The method of claim 13, wherein the multi-mode radio is configured to support hybrid modulation techniques.
Claim is rejected for being the method comprising at least the same elements and performing at least the same functions performed by the device of rejected claim 10 (see rejection of claim 10 above).
20. (New) The method of claim 13, wherein the hearing device includes a hearing assistance device.
Claim is rejected for being the method comprising at least the same elements and performing at least the same functions performed by the device of rejected claim 11 (see rejection of claim 11 above).
21. (New) The method of claim 20, wherein the hearing assistance device is a hearing aid.
Claim is rejected for being the method comprising at least the same elements and performing at least the same functions performed by the device of rejected claim 12 (see rejection of claim 12 above).
Allowable Subject Matter
Claims 2-21 would be allowed if the nonstatutory double patenting rejection is overcome.
Most relevant prior art of record is Knudsen et al. (US 20090046879 A1) hereinafter Knudsen.
Regarding claim 2, Knudsen teaches A hearing device (referred to as “hearing aid” in Abstract), comprising: a multiband antenna (214 and 216 in Fig. 2a) configured for wireless communication (214 and 216 are Far and near Tx /Rx in Fig. 2a); Knudsen does not specifically disclose the device further comprising and a communications module including a multi-mode radio in communication with the multiband antenna, the multi-mode radio configured to receive a frequency control signal to provide input for matching of an operational frequency band for the multiband antenna by the multi-mode radio.
The following is the reason for would be allowance of claim 2:
Knudsen alone or in combination with any other prior art of record does not specifically disclose, suggest nor render obvious the limitations wherein the device further comprises a communications module including a multi-mode radio in communication with the multiband antenna, the multi-mode radio configured to receive a frequency control signal to provide input for matching of an operational frequency band for the multiband antenna by the multi-mode radio, therefore the claim is allowed for the limitations above in combination with the other limitations of the claim if the nonstatutory double patenting rejection is overcome.
Regarding claim 3-12, claims would be allowed if the nonstatutory double patenting rejection is overcome for their dependency on would be allowed claim 2.
Regarding claim 13, claim would be allowed for being the method comprising at least the same elements and performing at least the same functions performed by the device of would be allowed claim 2 if the nonstatutory double patenting rejection is overcome (see reason for would be allowance of claim 2 above).
Regarding claim 14-21, claims would be allowed if the nonstatutory double patenting rejection is overcome for their dependency on would be allowed claim 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMMAR T HAMID whose telephone number is (571)272-1953. The examiner can normally be reached M-F 9-5, Eastern time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571) 272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
AMMAR T. HAMID
Primary Examiner
Art Unit 2695
/AMMAR T HAMID/Primary Examiner, Art Unit 2695
Prosecution Insights