DETAILED ACTION
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 Objections
Claim 9 is objected to because of the following informalities: minor grammatical error. Claim 9 recites the limitations “front section comprises,” in line 2. The Examiner believes the applicant meant “front section.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 16 is 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.
Claim 16 recites the limitation "the rear section" in line 11. There is insufficient antecedent basis for this limitation in the claim. The Examiner believes the Applicant meant “a rear section” and has interpreted the claim as such.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Von Mansberg et al. (US 2024/0007805) herein Von Mansberg in view of Goldstein et al. (US 2022/0061767) herein Goldstein.
Regarding claim 1, Von Mansberg discloses a hearing aid configured to be positioned in an ear canal of a user (hearing aid worn in the ear canal of a user, Von Mansberg: Figs. 1-12, [0002]), the hearing aid comprising; a front section comprising an output transducer configured to deliver a sound signal, the front section being configured to be positioned into the ear canal of the user, the front section defining a front section axis in a lengthwise direction of the front section (front section 6 comprising an output transducer 22 configured to deliver sound, the front section 6 being configured to be positioned into the ear canal of a user, the front section 6 defining a front section axis in a lengthwise direction of the front section, Von Mansberg: Figs. 1, 2, 12, [0002], 0074]),a rear section comprising an antenna (rear section 8 comprising an antenna 10, Von Mansberg: Figs. 1, 2), a middle section comprising a rechargeable battery and a substrate carrying one or more electronic components, wherein the substrate is arranged at the battery, and wherein the middle section extends in a lengthwise direction and defines an axis between the front section and the rear section (middle section 4 with battery 20, and a substrate 12 (PCB) carrying electronic components and extends in a lengthwise direction and defines an axis between the front section 6 and the rear section 8, Von Mansberg: Figs. 1, 2, [0074], [0084]), and wherein the front section axis has a first angle different from zero in relation to the axis (front section axis has a first angle different from zero in relation to the axis, Von Mansberg: Figs. 1, 2, 11, 12), but lacks wherein the middle section is at least partially encapsulated by a polymer material. Nevertheless, it is well known in the art for hearing aid housing to utilize/be encapsulated by a polymer material as demonstrated by Goldstein (housing may be formed of any safe and comfortable material such as polymers, Goldstein: [0179]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the middle section and housing of Von Mansberg to utilize/be encapsulated by a polymer material as suggested by Goldstein in order to be safe and comfortable for a user (Goldstein: [0179]).
Regarding claim 2, in the combination of Von Mansberg and Goldstein, Von Mansberg discloses wherein the antenna in the rear section is attached to an outer surface configured to face away from the ear canal of the user when being worn (antenna 10 in the rear section 8 is attached to an outer surface configured to face away from the ear canal of the user when being worn, Figs. 1, 2, 11, 12, [0002]).
Regarding claim 3, in the combination of Von Mansberg and Goldstein, Von Mansberg discloses wherein the front section has a second angle in relation to the axis (front section 6 has a second angle in relation to the axis, (front section 6 tilts to the right in Fig. 12)).
Regarding claim 4, in the combination of Von Mansberg and Goldstein, Von Mansberg discloses wherein the second angle is different than zero (second angle is different than zero as front section 6 clearly tilts to the right in Fig. 12).
Regarding claim 5, in the combination of Von Mansberg and Goldstein, Von Mansberg discloses wherein the middle section comprises a first microphone facing outwards of the ear canal to pick up external sound (middle section 4 comprises microphone 16 that faces outwards of the ear canal at sound hole 98 to pick up external sound, Figs. 1, 2, [0085]).
Regarding claim 6, in the combination of Von Mansberg and Goldstein, Goldstein discloses wherein the middle section comprises a second microphone facing outwards, and wherein the hearing aid is configured to establish a directional signal based on signals from the first and the second microphones (Goldstein utilizes a second ambient microphone 34 which faces outwards and performs beamforming to establish a directional signal, Goldstein: [0075], [0178], [0254]).
Regarding claim 7, in the combination of Von Mansberg and Goldstein, Goldstein discloses wherein the front section comprises an inwards facing microphone configured to facing into the ear canal (ear canal microphone 39 in a front section is an inwards facing microphone, Goldstein: Fig. 2N, [0178], [0188]).
Regarding claim 8, in the combination of Von Mansberg and Goldstein, Von Mansberg discloses wherein the middle section comprises at least one exposed metal pad configured to receive a charging signal from a charger unit (charging contact arrangement 28 is externally accessible, Fig. 5, [0086], [0092]).
Regarding claim 9, while the combination of Von Mansberg and Goldstein does not specifically teach wherein an earpiece or dome is releasably attached to the front section, both references teaches the use of an earpiece or eartip (dome of Von Mansberg: [0073], eartip of Goldstein: [0292], [0308]) and it is well known in the art to have interchangeable earpieces (thus would be releasably attached).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the earpiece of Von Mansberg and Goldstein to be releasably attached to the front section in order to allow a user to interchange earpieces for a better/more comfortable fit. The Examiner takes Official Notice.
Regarding claim 10, in the combination of Von Mansberg and Goldstein, Von Mansberg discloses wherein the earpiece is a replaceable earpiece configured to touch the ear canal when the hearing aid is placed in an ear canal (the earpiece would be able to touch the ear canal as the hearing aid of Von Mansberg is an ITE hearing aid, Von Mansberg: [0073]).
Regarding claim 11, in the combination of Von Mansberg and Goldstein, Goldstein discloses wherein the earpiece is a custom ear mold (eartip is specialized and tailored to the individual, Goldstein: [0292], [0308]).
Regarding claim 12, the combination of Von Mansberg and Goldstein discloses wherein the middle section comprises an accelerometer (sensors 5 can include accelerometer for the purpose of biometric and physiological sensing, Goldstein: Figs. 1A, 1B, [0125], [0202], [0259], the features of which would be incorporated in the middle section 4 of Von Mansberg, as the middle section comprises the majority of electronic components and sensors).
Regarding claim 13, the combination of Von Mansberg and Goldstein discloses wherein the front section or middle section comprises a non-contact sensor such as: thermal sensors, gyroscope, and/or PPG,and/or a Galvanic skin response sensor for measuring EEG, EMG, and/or ECG (Goldstein incorporates using non-invasive contact sensors for measuring EEGs, ECGs, temperature, etc., Goldstein: [0117] that would be incorporated in the front or middle section of Von Mansberg in order to provide user physiological data, Goldstein: [0115], [0117]).
Regarding claim 14, in the combination of Von Mansberg and Goldstein, Von Mansberg discloses wherein the hearing aid further comprises a coil for binaural communication and/or wireless charging (hearing aid incorporates an induction coil for wireless signal transmission, Von Mansberg: [0031], [0074]).
Regarding claim 15, while the combination of Von Mansberg and Goldstein does not specifically teach wherein the middle section comprises a flexible joint for adapting to any angling of the user's ear canal, it is well known in the art to allow for flexible bending of a hearing aid to further fit a user’s ear canal.
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the middle section of Von Mansberg and Goldstein to comprise a flexible joint for adapting to any angling of the user’s ear canal in order to better fit a user’s ear canal. The Examiner takes Official Notice.
Regarding claim 16, Von Mansberg discloses a hearing aid configured to be positioned in an ear canal of a user (hearing aid worn in the ear canal of a user, Von Mansberg: Figs. 1-12, [0002]), the hearing aid comprising; a first section comprising an output transducer configured to deliver a sound signal, the first section being configured to extend into the ear canal of the user, the first section defining a first axis in a lengthwise direction of the first section (first section 6 comprising an output transducer 22 configured to deliver sound, the first section 6 being configured to be positioned into the ear canal of a user, the first section 6 defining a first axis in a lengthwise direction of the front section, Von Mansberg: Figs. 1, 2, 12, [0002], 0074]), a second section comprising a rechargeable battery and a substrate carrying one or more electronic components, wherein the substrate is arranged at the battery (second section 4 with battery 20, and a substrate 12 (PCB) carrying electronic components and extends in a lengthwise direction, Von Mansberg: Figs. 1, 2, [0074], [0084]), and wherein the second section extends in a lengthwise direction and defines a second axis between the front section and the rear section (second section 4 defines a second axis between the first section 6 and the rear section 8, Von Mansberg: Figs. 1, 2, [0074], [0084]), and wherein the first axis has a first angle different from zero in relation to the second axis (first section axis has a first angle different from zero in relation to the second axis, Von Mansberg: Figs. 1, 2, 11, 12), an antenna attached to the second section (antenna 10 attached to the second section via rear cover 8, Von Mansberg: Figs. 1, 2), but lacks wherein the second section is at least partially encapsulated by a polymer material.
Nevertheless, it is well known in the art for hearing aid housing to utilize/be encapsulated by a polymer material as demonstrated by Goldstein (housing may be formed of any safe and comfortable material such as polymers, Goldstein: [0179]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the middle section and housing of Von Mansberg to utilize/be encapsulated by a polymer material as suggested by Goldstein in order to be safe and comfortable for a user (Goldstein: [0179]).
Regarding claim 17, while the combination of Von Mansberg and Goldstein does not specifically teach wherein the antenna is configured to extend from the second section into the concha of the ear of the user and abut the concha when the hearing aid is mounted in the ear canal, it is well known in the art to have various antenna arrangements on a hearing aid. Therefore it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the antenna of Von Mansberg and Goldstein to extend from a second section into the concha of the ear of the user and abut the concha when the hearing aid is mounted in the ear canal in order to further secure a hearing aid in a user’s ear. The Examiner takes Official Notice.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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