Prosecution Insights
Last updated: October 02, 2026
Application No. 19/050,048

HEARING AID DEVICE

Non-Final OA §102§103
Filed
Feb 10, 2025
Priority
Apr 24, 2023 — continuation of PCTCN2023090355
Examiner
NI, SUHAN
Art Unit
Tech Center
Assignee
Shenzhen Shokz Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
968 granted / 1118 resolved
+26.6% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
27 currently pending
Career history
1132
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
37.7%
-2.3% vs TC avg
§102
36.9%
-3.1% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1118 resolved cases

Office Action

§102 §103
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 02/10/2025. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed limitations of “an audio mixing circuit” (claim 1, line 7) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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, 3 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Callias et al. (U. S. Pat. App. Pub. No. – 2008/0009253). Regarding claim 1, Callias et al. disclose a hearing aid device (abstract), comprising: a hearing aid component (44, 46B), configured to collect an external sound and perform a first signal processing during an operation, and output a hearing aid audio signal (output of 46B); a Bluetooth component (10, 12, 42, 46A), configured to receive an external audio signal (by 16) and perform a second signal processing during the operation (output of 46A), and output a Bluetooth audio signal (output of 46A); an audio mixing circuit (48, 50), electrically connected to the hearing aid component and the Bluetooth component, and configured to mix the hearing aid audio signal and the Bluetooth audio signal during the operation; and a speaker (52), electrically connected to the audio mixing circuit (Fig. 1) as claimed. Regarding claim 2, Callias et al. further disclose the hearing aid device, wherein the audio mixing circuit comprises: an operational amplifier summing circuit (48 and 50), electrically connected to the hearing aid component and the Bluetooth component, and configured to mix the hearing aid audio signal and the Bluetooth audio signal during the operation; and a power amplifier circuit (50), electrically connected to the operational amplifier summing circuit, and configured to amplify a signal output by the operational amplifier summing circuit during the operation (Fig. 1). Regarding claim 6, Callias et al. further disclose the hearing aid device, wherein the Bluetooth component is electrically connected to the hearing aid component, and the Bluetooth component (12) controls the hearing aid component based on a second control signal during the operation (Fig. Figs. 1-2). Regarding claim 8, Callias et al. further disclose the hearing aid device, wherein the hearing aid component comprises: a hearing aid microphone (44), configured to collect the external sound during the operation and generate a hearing aid microphone signal; and a hearing aid signal processing circuit (46B, 48, 50), electrically connected to the hearing aid microphone, and configured to perform the first signal processing on the hearing aid microphone signal during the operation and output the hearing aid audio signal, wherein the hearing aid signal processing circuit is electrically connected to the Bluetooth component to receive the second control signa (Fig. 1). Regarding claim 9, Callias et al. further disclose the hearing aid device, wherein the Bluetooth component comprises: a Bluetooth communication module ([0030]), configured to receive the external audio signal during the operation; and a Bluetooth signal processing circuit (12), electrically connected to the Bluetooth communication module, and configured to perform the second signal processing on the external audio signal during the operation and output the Bluetooth audio signal, wherein the Bluetooth signal processing circuit is electrically connected to the hearing aid signal processing circuit to send the second control signal to the hearing aid signal processing circuit (Fig. 1). Regarding claim 10, Callias et al. further disclose the hearing aid device, wherein the Bluetooth component further comprises: a Bluetooth microphone ([0030]), configured to collect the external sound during the operation and generate a Bluetooth microphone signal (57), wherein the Bluetooth microphone is electrically connected to the Bluetooth signal processing circuit, and the Bluetooth signal processing circuit performs a third signal processing on the Bluetooth microphone signal during the operation to generate an output audio signal, and send the output audio signal to the Bluetooth communication module (Fig. 1). 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. This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103 (a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a). Claims 3-5, 7 and 11-12 are rejected under 35 U.S.C. 103(a) as being unpatentable over Callias et al. (U. S. Pat. App. Pub. No. – 2008/0009253) in view of Chen et al. (CN – 114786106A). Regarding claims 3-4, Callias et al. may not specially teach that a control switch circuit, electrically connected to the hearing aid component and the audio mixing circuit, respectively, to control connection and disconnection between the hearing aid component and the audio mixing circuit as claimed. Chen et al. disclose a similar structured hearing aid device, comprising a control switch circuit (Figs. 4-6), to selectively control the incoming signals from at least two microphones. Therefore, it 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 control switch circuit for the hearing aid device taught by Callias et al., in order to selectively operate the hearing aid device in different operation mode. Regarding claims 5 and 7, Callias et al. may not specially teach an operation panel as claimed. Since providing suitable means for interactively operating a hearing aid device is very well known in the art (Official Notice), 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 means, such as display operation panel, for the hearing aid device taught by Callias et al., in order to interactively operate the hearing aid device. Regarding claims 11-12, Callias et al. may not specially teach a battery module as claimed. Since providing suitable power source means for a hearing aid device is very well known in the art (Official Notice), 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 power source means, such as rechargeable battery, for power up all elements of the hearing aid device taught by Callias et al., in order to effectively operate the hearing aid device. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a PTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached on 571-272-7503. 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. /SUHAN NI/Primary Examiner, Art Unit 2691
Read full office action

Prosecution Timeline

Feb 10, 2025
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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MICROPHONE DEVICE BASED ON TWO-DIMENSIONAL PIEZOELECTRIC MATERIAL LAYER HAVING PROTECTIVE LAYER FORMED THEREON, AND METHOD FOR FABRICATING THE SAME
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DISPLAY DEVICE AND AUDIO OUTPUT METHOD THEREOF
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+13.9%)
2y 4m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1118 resolved cases by this examiner. Grant probability derived from career allowance rate.

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