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 01/16/2025.
Claim Rejections - 35 USC § 112(b) or (pre-AIA ), Second Paragraph
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the limitation of “a microphone not connected to the housing” in line 4 is indefinite, since negative limitation has been involved in the claim.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arndt et al. (U. S. Pat. No. - 5,204,917).
Regarding claim 1, Arndt et al. disclose a hearing assistance device (10), comprising: a housing (Figs. 1A/1B); hearing assistance electronics (18) within the housing; a microphone (82) connected to a flex connector (98) and the housing; and flex connector configured to electrically and mechanically connect the microphone to the hearing assistance electronics (Figs. 8-11), wherein the flex connector has a length to thickness ratio configured to lower a resonant frequency of the flex connector and the microphone below an audible range of interest (col. 3, line 53 to col. 4, line 47).
Regarding claim 2, Arndt et al. further disclose the hearing assistance device, wherein the microphone and the flex connector are oriented in a vertical plane with respect to a wearer of the hearing assistance device (Figs. 1A/1B).
Regarding claim 3, Arndt et al. further disclose the hearing assistance device, comprising: mechanical dampers (88) configured to absorb vibration being transferred to the microphone.
Regarding claim 4, Arndt et al. further disclose the hearing assistance device, wherein the mechanical dampers (88) are cylindrical, conical, rectangular or hemispherical in shape (Figs. 8-11).
Regarding claim 5, Arndt et al. further disclose the hearing assistance device, wherein the mechanical dampers (104) are positioned above the microphone and the flex connector (Figs. 9-11).
Regarding claim 6, Arndt et al. further disclose the hearing assistance device, wherein the mechanical dampers (104) are positioned below the microphone and the flex connector (Figs. 9-11).
Regarding claim 7, Arndt et al. further disclose the hearing assistance device, wherein the mechanical dampers (88) are affixed to an interior surface of the housing (Figs 1A/1B and 9-11).
Regarding claim 8, Arndt et al. further disclose the hearing assistance device, comprising: a layer of damping material on each side (90, 92, 94) of the flex connector configured to dampen mechanical vibration of the flex connector configured to absorb impact of the microphone (Figs. 9-11).
Regarding claim 9, Arndt et al. further disclose the hearing assistance device, wherein the layer of damping material (88) includes a polymer or plastic material (col. 3, lines 54-64).
Regarding claim 10, Arndt et al. further disclose the hearing assistance device, wherein the flex connector (88, 98, made by molded plastic) has a mass stiffness ratio configured to lower a resonant frequency of the flex connector and the microphone (16) below an audible range of interest (col. 3, lines 53 to col. 4, line 53).
Method claims 11-20 are similar to claims 1-10 except for being couched in method terminology; such methods would be inherent when the structure is shown in the references.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/SUHAN NI/Primary Examiner, Art Unit 2691
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