Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claims 1-8, 10-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Stewart (US2016/0165368A1) in view of Schmitt (US5889874).
As to Claim 1, Stewart teaches an ear-wearable electronic device( hearing aid worn in the ear of the user, abstract) comprising: a faceplate ( faceplate 210, Figures 1-3) comprising an outer surface and an inner surface( Figure 7, faceplate having outer surface and inner surface , wherein the faceplate( faceplate 210, Figure 6, [0010]) defines a cavity( cavity to hold microphone as shown on Figure 6) disposed in the inner surface of the faceplate ( Figure 6 states that microphone module is buried in the faceplate thus disposed in the inner surface of the faceplate); a microphone( microphone module, Figure 6 or Figure 3, microphone 105 disposed in the cavity within faceplate 210) disposed at least partially within the cavity ( Figure 6) and comprising an inlet( microphone inlet implicit ], Figure 3, [0011]); and an acoustic path( conduit 225, Figure 3) disposed at least partially within the faceplate( 210, [0011]) and extending between a microphone port(sound inlet port 220) disposed at the outer surface of the faceplate(210, Figures 2, 3, [0011]) and an outlet disposed in the cavity( microphone inlet pathway 226) wherein the acoustic path( conduit 225) is acoustically coupled to the inlet of the microphone( microphone 105 with implicit inlet) via the outlet( microphone inlet pathway 226), Stewart does not explicitly teach wherein the inlet of the microphone is disposed in the cavity or in the outlet of the acoustic path; wherein the acoustic path is devoid of a manifold associated with the microphone. However, Schmitt in related field (Hearing aid) teaches on Figure 3, a hearing aid 1 with a prefabricated face plate 3 equipped with hearing aid components 4, 6 and 7 and forms a function unit with these components. In the exemplary embodiment, the housing side of the face plate carries a microphone 4, an amplifier unit 6 and a battery compartment 7 that can be laterally opened, for example for changing a battery. A sound admission opening 8 is arranged in the edge region 11 of the face plate 3, through which acoustic signals can proceed to the allocated microphone 4. Opening 8 is arranged such that it does not appear in the visible surface 9. See at least Figure 3, and col. 2 lines 48-59. Here, Schmitt teaches an acoustic path 8 which is devoid of any manifold associated with microphone 4 as shown clearly on Figures 2 and 3, the microphone 4 having an inlet(implicit) is disposed in the cavity of the faceplate 3. See the reproduced image below. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify Stewart such that the acoustic path disposed within the cavity of the faceplate is acoustically coupled to the inlet of the microphone and the acoustic path is devoid of a manifold associated with the microphone as taught by Schmitt as an alternative design choice to keep the face plate equipped with the hearing aid components including microphone that forms a pre-testable hearing aid unit that can then be put in place onto the housing shell. See at least col. 1 lines 60-68-col. 2 lines 1-3.
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As to Claim 2, Stewart in view of Schmitt teaches the limitations of Claim 1, and Stewart further teaches a shell( Housing or enclosure 200 Figure 2, 3, [0010]) configured to be disposed at least partially within an ear canal of a wearer( ITE hearing aid, abstract,) and regarding the following: the shell comprising an end surface that is configured to matingly engage a mating surface of the faceplate to form an enclosure of the electronic device, Schmitt teaches the end-face edge section of the housing shell 2 can be provided with a shoulder to form a catch closure part 13 that is latchable to a cooperating shoulder 14 of the face plate to form a tight closure. See at least Figure 3, col. 3 lines 5-10.
As to Claim 3, Stewart in view of Schmitt teaches the limitations of Claim 1, and regarding the following wherein the acoustic path comprises a cross-sectional area that decreases in a direction from the microphone port to the outlet of the acoustic path, Schmitt on Figure 3 teaches a sound admission opening 8 is arranged in the edge region 11 of the face plate 3, but does not explicitly teach the cross-sectional area decreases in a direction from the microphone port to the outlet of the acoustic path. However, changing the shape and size of the acoustic path to achieve desired acoustic response is well-known in the art. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the shape of the sound admission opening 8 such that it’s cross-sectional area decreases in direction from port of microphone 4 to the outlet of acoustic path to achieve desired acoustic response.
As to Claim 4, Stewart in view of Schmitt teaches the limitations of Claim 1, and Schmitt further teaches wherein the acoustic path comprises a straight portion adjacent to the microphone outlet and a curved or faceted portion adjacent to the outlet of the acoustic path( See at least Schmitt on Figures 2 and 3, sound admission opening 8 having straight portion adjacent to microphone 4 and curved portion adjacent to outlet)
As to Claim 5, Stewart in view of Schmitt teaches the limitations of Claim 1, and Schmitt teaches wherein the acoustic path(sound admission opening 8 ) is defined by the faceplate( face plate 3)
As to Claim 6, Stewart in view of Schmitt teaches the limitations of Claim 1, and wherein the acoustic path further comprises a trap disposed adjacent to the microphone port and disposed within the faceplate, wherein the trap is configured to collect debris entering the acoustic path through the microphone port, Stewart teaches on [0011 As shown in FIG. 3, the sound inlet port 220 opens into a conduit 225 that comprises a microphone inlet pathway 226 and a wax relief pathway 228. The separate microphone inlet pathway 226 and a wax relief pathway 228 may be implemented in the conduit 225, for example, by a T-fitting or a T-section of the conduit 225. As wax enters the sound inlet port 220, it can accumulate in the wax relief pathway 228 and not block the microphone inlet pathway 226.
As to Claim 7, Stewart in view of Schmitt teaches the limitations of Claim 1 but does not explicitly teach further comprising a basket disposed at least partially within the microphone port and configured to collect debris entering the acoustic path through microphone port. However, hearing aids including a wax guard to prevent entry of wax and moisture to the hearing aid components is well-known in the art. Vestergaard in related field (hearing aid) teaches a barrier element (39) adapted for baffling entry of ear wax and moisture and for being acoustically transparent. The invention further provides a barrier element (39) for a hearing aid comprising a slab having an exterior surface and through openings for transverse transmission of sound, wherein the exterior surface is super-hydrophobic. See at least Figure 3 and abstract. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to further add a basket or wax guard partially within the microphone port to prevent the entry of wax or moisture to the microphone.
As to Claim 8, Stewart in view of Schmitt teaches the limitations of Claim 1, and Stewart further teaches comprising a battery housing( battery compartment 255) comprising a mounting interface configured to be connected to the inner surface of the faceplate and a battery compartment configured to receive a battery, ( [0010] Figure 2 teaches Also, hingedly mounted on the faceplate via hinge 240 is a battery door 250 that opens into a battery compartment 255 to allow replacement of the battery 175..
As to Claim 10, Stewart teaches an ear-wearable electronic device( hearing aid worn in the ear of the user, abstract) comprising: a faceplate ( faceplate 210, Figures 1-3) comprising an outer surface and an inner surface( Figure 7, faceplate having outer surface and inner surface , wherein the faceplate( faceplate 210, Figure 6, [0010]) defines a cavity( cavity to hold microphone as shown on Figure 6) disposed in the inner surface of the faceplate ( Figure 6 states that microphone module is buried in the faceplate thus disposed in the inner surface of the faceplate); a microphone( microphone module, Figure 6 or Figure 3, microphone 105 disposed in the cavity within faceplate 210) disposed at least partially within the cavity ( Figure 6) and comprising an inlet( microphone inlet implicit ], Figure 3, [0011]); and an acoustic path( conduit 225, Figure 3) disposed at least partially within the faceplate( 210, [0011]) and extending between a microphone port(sound inlet port 220) disposed at the outer surface of the faceplate(210, Figures 2, 3, [0011]) and an outlet disposed in the cavity( microphone inlet pathway 226) wherein the acoustic path( conduit 225) is acoustically coupled to the inlet of the microphone( microphone 105 with implicit inlet) via the outlet( microphone inlet pathway 226), Stewart does not explicitly teach wherein the inlet of the microphone is disposed in the cavity or in the outlet of the acoustic path; wherein the acoustic path is configured such that all acoustic waves propagating within the acoustic path pass directly from the acoustic path to the inlet of the microphone. However, Schmitt in related field (Hearing aid) teaches on Figure 3, a hearing aid 1 with a prefabricated face plate 3 equipped with hearing aid components 4, 6 and 7 and forms a function unit with these components. In the exemplary embodiment, the housing side of the face plate carries a microphone 4, an amplifier unit 6 and a battery compartment 7 that can be laterally opened, for example for changing a battery. A sound admission opening 8 is arranged in the edge region 11 of the face plate 3, through which acoustic signals can proceed to the allocated microphone 4. Opening 8 is arranged such that it does not appear in the visible surface 9. See at least Figure 3, and col. 2 lines 48-59. Here, Schmitt teaches an acoustic path 8 is configured such that all acoustic waves propagating within the acoustic path pass directly from the acoustic path to the inlet of the microphone as shown on Figures 2 and 3, the microphone 4 having an inlet(implicit) is disposed in the cavity of the faceplate 3. See the reproduced image below and the sound admission opening 8 through which acoustic waves propagate directly to the microphone 4. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify Stewart such that the acoustic path disposed within the cavity of the faceplate is acoustically coupled to the inlet of the microphone, such that all acoustic waves propagating within the acoustic path pass directly from the acoustic path to the inlet of the microphone as taught by Schmitt as an alternative design choice to keep the face plate equipped with the hearing aid components including microphone that forms a pre-testable hearing aid unit that can then be put in place onto the housing shell. See at least col. 1 lines 60-68-col. 2 lines 1-3.
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As to Claim 11, Stewart in view of Schmitt teaches the limitations of Claim 10, and Stewart further teaches a shell( Housing or enclosure 200 Figure 2, 3, [0010]) configured to be disposed at least partially within an ear canal of a wearer( ITE hearing aid, abstract,) and regarding the following: the shell comprising an end surface that is configured to matingly engage a mating surface of the faceplate to form an enclosure of the electronic device, Schmitt teaches the end-face edge section of the housing shell 2 can be provided with a shoulder to form a catch closure part 13 that is latchable to a cooperating shoulder 14 of the face plate to form a tight closure. See at least Figure 3, col. 3 lines 5-10.
As to Claim 12, Stewart in view of Schmitt teaches the limitations of Claim 10, and regarding the following wherein the acoustic path comprises a cross-sectional area that decreases in a direction from the microphone port to the outlet of the acoustic path, Schmitt on Figure 3 teaches a sound admission opening 8 is arranged in the edge region 11 of the face plate 3, but does not explicitly teach the cross-sectional area decreases in a direction from the microphone port to the outlet of the acoustic path. However, changing the shape and size of the acoustic path to achieve desired acoustic response is well-known in the art. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the shape of the sound admission opening 8 such that it’s cross-sectional area decreases in direction from port of microphone 4 to the outlet of acoustic path to achieve desired acoustic response.
As to Claim 13, Stewart in view of Schmitt teaches the limitations of Claim 10, and Schmitt further teaches wherein the acoustic path comprises a straight portion adjacent to the microphone outlet and a curved or faceted portion adjacent to the outlet of the acoustic path( See at least Schmitt on Figures 2 and 3, sound admission opening 8 having straight portion adjacent to microphone 4 and curved portion adjacent to outlet)
As to Claim 14, Stewart in view of Schmitt teaches the limitations of Claim 10, and Schmitt teaches wherein the acoustic path(sound admission opening 8 ) is defined by the faceplate( face plate 3)
As to Claim 15, Stewart in view of Schmitt teaches the limitations of Claim 10, and wherein the acoustic path further comprises a trap disposed adjacent to the microphone port and disposed within the faceplate, wherein the trap is configured to collect debris entering the acoustic path through the microphone port, Stewart teaches on [0011 As shown in FIG. 3, the sound inlet port 220 opens into a conduit 225 that comprises a microphone inlet pathway 226 and a wax relief pathway 228. The separate microphone inlet pathway 226 and a wax relief pathway 228 may be implemented in the conduit 225, for example, by a T-fitting or a T-section of the conduit 225. As wax enters the sound inlet port 220, it can accumulate in the wax relief pathway 228 and not block the microphone inlet pathway 226.
As to Claim 16, Stewart in view of Schmitt teaches the limitations of Claim 10, and Stewart further teaches comprising a battery housing( battery compartment 255) comprising a mounting interface configured to be connected to the inner surface of the faceplate and a battery compartment configured to receive a battery, ( [0010] Figure 2 teaches Also, hingedly mounted on the faceplate via hinge 240 is a battery door 250 that opens into a battery compartment 255 to allow replacement of the battery 175.
As to Claim 18, Stewart teaches a method of forming an ear-wearable electronic device( hearing aid worn in the ear of the user, and method for its construction, abstract, [0002]) comprising: disposing a cavity in an inner surface of a faceplate( Figure 6 states that microphone module 105 is buried in the faceplate thus disposed in the inner surface of the faceplate 210, [0010]); disposing a microphone ( microphone module, Figure 6 or Figure 3, microphone 105 disposed in the cavity within faceplate 210) at least partially within the cavity( Figure 6) disposing an acoustic path( ( conduit 225, Figure 3) at least partially within the faceplate, ( 210, [0011]); wherein the acoustic path( conduit 225, Figure 3) extends between a microphone port( sound inlet port 220) disposed at the outer surface of the faceplate(210, Figures 2, 3, [0011]) and an outlet disposed in the cavity( microphone inlet pathway 226) wherein the acoustic path( conduit 225) is acoustically coupled to the inlet of the microphone( microphone 105 with implicit inlet) via the outlet( microphone inlet pathway 226), Stewart does not explicitly teach wherein the inlet of the microphone is disposed in the cavity or in the outlet of the acoustic path; and directing acoustic waves through the microphone port and the acoustic path to the inlet of the microphone, wherein the acoustic path is configured such that all acoustic waves propagating within the acoustic path pass directly from the acoustic path to the inlet of the microphone. However, Schmitt in related field (Hearing aid) teaches on Figure 3, a hearing aid 1 with a prefabricated face plate 3 equipped with hearing aid components 4, 6 and 7 and forms a function unit with these components. In the exemplary embodiment, the housing side of the face plate carries a microphone 4, an amplifier unit 6 and a battery compartment 7 that can be laterally opened, for example for changing a battery. A sound admission opening 8 is arranged in the edge region 11 of the face plate 3, through which acoustic signals can proceed to the allocated microphone 4. Opening 8 is arranged such that it does not appear in the visible surface 9. See at least Figure 3, and col. 2 lines 48-59. Here, Schmitt teaches an acoustic path 8 is configured such that all acoustic waves propagating within the acoustic path pass directly from the acoustic path to the inlet of the microphone as shown on Figures 2 and 3, the microphone 4 having an inlet(implicit) is disposed in the cavity of the faceplate 3. See the reproduced image below and the sound admission opening 8 through which acoustic waves propagate directly to the microphone 4. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify Stewart such that the acoustic path disposed within the cavity of the faceplate is acoustically coupled to the inlet of the microphone, such that all acoustic waves propagating within the acoustic path pass directly from the acoustic path to the inlet of the microphone as taught by Schmitt as an alternative design choice to keep the face plate equipped with the hearing aid components including microphone that forms a pre-testable hearing aid unit that can then be put in place onto the housing shell. See at least col. 1 lines 60-68-col. 2 lines 1-3.
As to Claim 19, Stewart in view of Schmitt teaches the limitations of Claim 10, and Stewart further teaches a shell( Housing or enclosure 200 Figure 2, 3, [0010]) configured to be disposed at least partially within an ear canal of a wearer( ITE hearing aid, abstract,) and regarding the following: the shell comprising an end surface that is configured to matingly engage a mating surface of the faceplate to form an enclosure of the electronic device, Schmitt teaches the end-face edge section of the housing shell 2 can be provided with a shoulder to form a catch closure part 13 that is latchable to a cooperating shoulder 14 of the face plate to form a tight closure. See at least Figure 3, col. 3 lines 5-10.
As to Claim 20, Stewart in view of Schmitt teaches the limitations of Claim 18, and Schmitt teaches wherein disposing the acoustic path (sound admission opening 8) comprise molding the faceplate (face plate 3) such that the acoustic path( sound admission opening 8, is disposed at least partially within faceplate( face plate 3 as shown on Figure 3.
2. Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Stewart (US2016/0165368A1) in view of Schmitt (US5889874) in view of Brimhall et al. (US6532295), hereinafter Brimhall.
As to Claim 9, Stewart in view of Schmitt teaches the limitations of Claim 8 but does not explicitly teach further comprising a flexible printed circuit board assembly (PCBA) supported by one or both of an exterior surface of the battery housing and the faceplate, wherein the microphone is electrically connected to the PCBA. However, hearing aids including a PCBA to mount electronics are well-known in the art. Brimhall in related field (Hearing aid) teaches on FIG. 18 the assembled flexible circuit board assembly 100 is shown as it aligns with the faceplate 40 and prior to being inserted into the faceplate 40. In FIG. 19 the assembled flexible circuit board assembly 100 is shown after being inserted into the faceplate 40. When inserted into the faceplate 40, a shelf 66 within the chamber 41 separates several of the component mounting regions on the flexible circuit board assembly 100. Namely, the first component mounting region 104 and the microphone 160 are positioned within an upper chamber 41a and the fourth component mounting region 110 is within a lower chamber 41b. As best seen in FIG. 19, when the flexible circuit board assembly 100 is inserted into the faceplate 40, the third component mounting region 108 and the second component mounting region 106 extend out of the faceplate 40. Referring to FIGS. 20-23, the flexible circuit board assembly 100 is shown positioned within shell 20 and the faceplate 40. See at least col. 12 lines 28-45. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to further incorporate a flexible board to mount electronics to save space and achieve a compact hearing aid design.
As to Claim 17, Stewart in view of Schmitt teaches the limitations of Claim 10 but does not explicitly teach further comprising a flexible printed circuit board assembly (PCBA) supported by one or both of an exterior surface of the battery housing and the faceplate, wherein the microphone is electrically connected to the PCBA. However, hearing aids including a PCBA to mount electronics are well-known in the art. Brimhall in related field (Hearing aid) teaches on FIG. 18 the assembled flexible circuit board assembly 100 is shown as it aligns with the faceplate 40 and prior to being inserted into the faceplate 40. In FIG. 19 the assembled flexible circuit board assembly 100 is shown after being inserted into the faceplate 40. When inserted into the faceplate 40, a shelf 66 within the chamber 41 separates several of the component mounting regions on the flexible circuit board assembly 100. Namely, the first component mounting region 104 and the microphone 160 are positioned within an upper chamber 41a and the fourth component mounting region 110 is within a lower chamber 41b. As best seen in FIG. 19, when the flexible circuit board assembly 100 is inserted into the faceplate 40, the third component mounting region 108 and the second component mounting region 106 extend out of the faceplate 40. Referring to FIGS. 20-23, the flexible circuit board assembly 100 is shown positioned within shell 20 and the faceplate 40. See at least col. 12 lines 28-45. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to further incorporate a flexible board to mount electronics to save space and achieve a compact hearing aid design.
Conclusion
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691
