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 .
Claims Filed 03-07-2025
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/05/2025 was filed after the mailing date of the 03/07/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 8, 11-15 are rejected under 35 U. S. C. 102(a)(1) as being anticipated by Killion (US Publication) 20100329475 A1
Regarding claim 8, Killion teaches An acoustic filter (In para 10, the non-linear sound attenuator is used to reduce noise within the ear canal) comprising:
a first substrate (Fig 8 [202a], plate, para 39) including a first plurality of holes (Fig 9 [220], holes, para 41) directed therethrough;
a second substrate (Fig 8 [202b], plate, para 39) including a second plurality of holes (Fig 9 [220], holes, para 41; Note: both plates comprise of holes that will overlap to reduce attenuation, see para 41) directed therethrough;
a chamber defined between the first substrate and the second substrate (In Fig 12, there is a concave surface [222a-b] within both plates [202a-b], when placed together form a cavity [240] within the disc, see para 44);
a membrane positioned within chamber (In Fig 12, the diaphragm [250] is situated between the plates [202a-b], see para 45), wherein the membrane is unconstrained or is not taut between opposing ends of the membrane prior to an acoustic wave being applied to the acoustic filter (In Fig 12, there is minimal SPL being applied, and the diaphragm [250] is unflexed and positioned parallel to the disc itself, see para 46);
wherein the acoustic filter is configured to attenuate a first acoustic wave that passes through the acoustic filter (In para 10, the attenuator provides higher level of sound attenuation where the external sound pressure is above the predetermined value than if the pressure levels were below a predetermined value. A person of ordinary skill in the art would recognize whether a first or second wave occur, the sound pressure would be attenuated based on a predetermined value.), the first acoustic wave having a first amplitude above an amplitude threshold (In claims 8, the peak value is approximately 150 dB);
and wherein the acoustic filter is configured to passthrough a second acoustic wave without substantially attenuating the second acoustic wave (In para 11, the attenuator has characteristics for allowing little to no attenuation at lower decibel levels), the second acoustic wave having a second amplitude below the amplitude threshold (In Fig 9, to achieve a particular attenuation effect, specifically, a very low attenuation for sound pressure levels below about 120 dB and a sharp increase in attenuation for sounds above 120 dB, see para 41).
Regarding claim 11, Killion teaches wherein the membrane (Fig 12 [250], diaphragm, para 45) is free to translate along a longitudinal axis of the acoustic filter (In para 10, the non-linear sound attenuator is used to reduce noise within the ear canal) that is substantially parallel to a longitudinal dimension of the membrane (In Fig 12, at minimal SPL, the diaphragm [250] is an unflexed state is parallel to the disc. In Fig 13, an increase of exterior sound pressure causes the diaphragm flex beyond its initial position [250’] but not further into interior surface [222b] of the rear plate [202b]. See para 46).
Regarding claim 12, Killion teaches wherein the membrane(Fig 12 [250], diaphragm, para 45) being unconstrainted or not taut avoids substantially adding an acoustic impedance to the acoustic filter (the non-linear sound attenuator, see para 10) that results in acoustic losses for sound transmitted therethrough (In Fig 14, a portion of the diaphragm may flex with the holes as shown. Since the diameter of the holes [220] is small compared diameter of cavity [240], the flexing of diaphragm [250] withing holes [220] is substantially less than the free flexing of the diaphragm, thus rendering a higher impedance to the passage of sound. See para 46).
Regarding claim 13, Killion teaches wherein the acoustic filter (the non-linear sound attenuator, see para 10) is configured to passively attenuate the first acoustic wave, such that no electrical power source is needed (In para 10, as sound pressure level is less than that of a predetermined value the flexible diaphragm expands upon an increase in the external SPL. Sound pressure leads to the diaphragm expansion, where a SPL at or of greater than the predetermined value forces the flexible diaphragm to contract. Note: claim 7 [in Killion] also mentions this goal).
Regarding claim 14, Killion teaches wherein each hole of the first plurality of holes is aligned with a respective hole of the second plurality of holes (In Fig 9, the alignment grooves [232] of plates [202a] and [202b] may modified, where the alignment is even (or zero degrees), the holes [220] will overlap an d reduce attenuation by presenting less obstruction for the flow of sound into the ear. See para 41).
Regarding claim 15, Killion teaches wherein the chamber (Fig 19 [240], cavity, para 44) includes a first width at a first end of the chamber, a second width at a second end of the chamber, and a third width at a center of the chamber (In Fig 12, the cavity [240] is formed through concave surface [222a-b] within both plates [202a-b], which forms a cylindrical shape, where the shape would inherently have a first/second end at there (respective) side of the chamber and a width at the center, as depicted. See para 45); and wherein the first width, the second width, and the third width are substantially the same (In Fig 10 & 12, the interior surface [222] may be recessed to create a cylindrical shape cavity where the surface [222b] runs parallel to the rim [224], see para 45. A person of ordinary skill in the art would recognize the preferred shape of the cavity of the disc match the shape of the diaphragm. As to when the diaphragm flexes, it will uniformly contact the entire interior surface when flexed to the point of contact. See para 45).
Regarding claim 17, Killion teaches wherein the width of the chamber (Fig 19 [240], cavity, para 44) is substantially uniform along the entire length of the chamber (In Fig 10, the interior surface [222] may be recessed to create a cylindrical shape cavity where the surface [222b] runs parallel to the rim [224], see para 45).
Regarding claim 18, Killion teaches wherein the first amplitude of the first acoustic wave is greater than or equal to 70 dB (Claim 8: wherein the peak value is approximately 150 dB. A person of ordinary skill in the art would recognize the attenuator having a sound attenuation for external sound pressure levels above the peak value than for external sound pressure levels below the peak value [see Claim 7 (Killion)]. Also, mentioned in para 10);
and wherein the second amplitude of the second acoustic wave is less than 70 dB (In para 54, at an external SPL of 60 dB the value of C1.sub.v, would yield an attenuation of about 6 dB)
Regarding claim 19, Killion teaches wherein the first amplitude of the first acoustic wave is greater than or equal to 120 dB (Claim 8: wherein the peak value is approximately 150 dB. A person of ordinary skill in the art would recognize the attenuator having a sound attenuation for external sound pressure levels above the peak value than for external sound pressure levels below the peak value [see Claim 7 (Killion)]. Also, mentioned in para 10).
Regarding claim 20, Killion teaches wherein the first amplitude of the first acoustic wave is greater than or equal to 150 dB (Claim 8: wherein the peak value is approximately 150 dB. A person of ordinary skill in the art would recognize the attenuator having a sound attenuation for external sound pressure levels above the peak value than for external sound pressure levels below the peak value [see Claim 7 (Killion)]. Also, mentioned in para 10); or wherein the first amplitude of the first acoustic wave is greater than or equal to 170 dB.
Regarding claim 21, Killion fails to teach wherein a width of the chamber is less than 3 millimeters; wherein the width of the chamber is less than 2 millimeters; wherein the width of the chamber is less than 1 millimeter; or wherein the width of the chamber is less than 0.6 millimeters. However, Killion discloses that, in Fig 10, the interior surface [222] may be recessed to create a cylindrical shape cavity where the surface [222b] runs parallel to the rim [224], see para 45. Also, the size and shape of the cavity [240], and the size, number and location of holes [220] may be modified in various embodiments to establish various levels of SPL for different ear protectors [100], see para 58. Based on this, it would be obvious to a person of ordinary skill in the art that through routine experimentation would the designer obtain the desired attenuation.
Regarding claim 22, Killion teaches wherein each hole of the first plurality of holes has a size that is less than or equal to 7.5 millimeters or 0.5 millimeters (In Fig 9, the holes [220] may be 0.0026 inches in diameter, see para 46. The front [202a] and rear [202b] plates are preferably identifical in shape and structure and has a least one hole [220] to allow for a sound to pass through the disc, see para 40); and wherein each hole of the second plurality of holes has a size that is less than or equal to 7.5 millimeters or 500 millimeters (In Fig 9, he front [202a] and rear [202b] plates are preferably identifical in shape and structure and has a least one hole [220] to allow for a sound to pass through the disc, see para 40. So both the diameters of the first & second plurality of holes are the same).
Regarding claim 23, Killion teaches wherein the first substrate is rigid or semi- rigid; and wherein the second substrate is rigid or semi-rigid (In Fig 1, the earmold is preferably made of flexible material, such as rubber, plastic, or a polymer and etc [para 33]. A person of ordinary skill in the art would recognize that any modifications to the size and shape of the cavity [para 58] or material properties used [para 33 & 66] would be inherently dependent on the designer ‘s choice of application.)
Regarding claim 24, Killion teaches wherein the first amplitude of the first acoustic wave is attenuated by at least 30 dB (Claim 8: wherein the peak value is approximately 150 dB. A person of ordinary skill in the art would recognize the attenuator having a sound attenuation for external sound pressure levels above the peak value than for external sound pressure levels below the peak value [see Claim 7 (Killion)]. Also, mentioned in para 10).
Regarding claim 25, Killion teaches wherein the first substrate (Fig 12 [222a], para 44) includes a first recess (Fig 12 [224], Rim, para 44) fluidly coupled to the first plurality of holes (In Fig 10, the surface [222] is recessed from the rim [224] of the interior side of the plate [202]. The interior surface [222] is recessed at the edge [225] and runs parallel to the surface of the rim. See para 43);
wherein the second substrate (Fig 12 [222a], para 44) includes a second recess (Fig 12 [224], Rim, para 44) fluidly coupled to the second plurality of holes (As the interior surface [222] is recessed at the edge [225] and runs parallel to the surface of the rim. A person of ordinary skill in the art would recognize since the interior surface runs parallel to the surface of the rim, and the front & rear plates [202a-b] are identical in shape and structure [para 40]; what applies to the first substrate affects the second substrate.);
and wherein the first recess and the second recess define the chamber (In Fig 12-14, the cavity [240] is established via the concave surfaces [222a-b] of their respective plates [202a-b] sitting flush against each other, see para 44).
Regarding claim 26, Killion teaches wherein the membrane does not include a hole directed therethrough (Note: Based on Fig 8, there is no hole or opening present within the diaphragm. A person of ordinary skill in the art would recognize the diaphragm is solid as it is extremely thin polyethylene or Teflon foil [para 45]; and the diaphragm being able to flex within the cavity depending on the external sound pressure where it makes contact with the surface [para 46].); wherein the membrane has a planar surface, such that the membrane is substantially flat (In Fig 12, at minimal SPL, the diaphragm [250] is unflexed and is positionally parallel to the disc itself, see para 45); and wherein the membrane has a surface that is substantially smooth (In Fig 12, the diaphragm may be made of extremely thin polyethylene or Teflon foil, for example. See para 45).
Regarding claim 27, Killion teaches An acoustic filter (In para 10, the non-linear sound attenuator is used to reduce noise within the ear canal) comprising: a first substrate (Fig 8 [202a], plate, para 39) including a first plurality of holes (Fig 9 [220], holes, para 41) directed therethrough;
a second substrate (Fig 8 [202b], plate, para 39) including a second plurality of holes (Fig 9 [220], holes, para 41; Note: both plates comprise of holes that will overlap to reduce attenuation, see para 41) directed therethrough;
a chamber (Fig 12 [240], cavity, para 44) defined between the first substrate and the second substrate (In Fig 12, there is a concave surface [222a-b] within both plates [202a-b], when placed together form a cavity [240] within the disc, see para 44), the chamber having a first width at a top of the chamber and a second width at a center of the chamber, the first width and the second width being substantially the same (In Fig 10 & 12, the interior surface [222] may be recessed to create a cylindrical shape cavity where the surface [222b] runs parallel to the rim [224], see para 45. A person of ordinary skill in the art would recognize the preferred shape of the cavity of the disc match the shape of the diaphragm. As to when the diaphragm flexes, it will uniformly contact the entire interior surface when flexed to the point of contact. See para 45);
a membrane positioned within the chamber (In Fig 12, the diaphragm [250] is situated between the plates [202a-b], see para 45);
wherein the acoustic filter is configured to attenuate a first acoustic wave that passes through the acoustic filter (In para 10, the attenuator provides higher level of sound attenuation where the external sound pressure is above the predetermined value than if the pressure levels were below a predetermined value. A person of ordinary skill in the art would recognize whether a first or second wave occur, the sound pressure would be attenuated based on a predetermined value.), the first acoustic wave having a first amplitude above an amplitude threshold (In claims 8, the peak value is approximately 150 dB);
and wherein the acoustic filter is configured to passthrough a second acoustic wave without substantially attenuating the second acoustic wave (In para 11, the attenuator has characteristics for allowing little to no attenuation at lower decibel levels), the second acoustic wave having a second amplitude below the threshold (In Fig 9, to achieve a particular attenuation effect, specifically, a very low attenuation for sound pressure levels below about 120 dB and a sharp increase in attenuation for sounds above 120 dB, see para 41).
Regarding claim 28, Killion teaches wherein each hole of the first plurality of holes and the second plurality of holes has a size that is less than 0.5 millimeters (In Fig 14, the holes [250] may be about 0.0026 inches in diameter, see para 46).
Regarding claim 29, Killion fails to teach wherein the first width of the chamber is less than or equal to 300 pm; or wherein the second width of the chamber is less than or equal to 300 pm. Killion discloses the size and shape of the cavity [240], and the size, number and location of holes [220] may be modified in different ways to establish various levels of SPL for different ear protectors [100], see para 58. Howaever, it would be obvious to a person of ordinary skill in the art to provide the desired length through experimentation to achieve the desired attenuation level.
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.
Claim 1-7, 9, 37-39 are rejected under 35 U.S.C. 103 as being unpatentable over Killion (US Publication) 20100329475 A1 in view of Carlson (US Patent) 4807612 A
Regarding claim 1, Killion teaches An acoustic filter (In para 10, the non-linear sound attenuator is used to reduce noise within the ear canal) comprising: a first substrate (Fig 8 [202a], plate, para 39) including a first plurality of holes (Fig 9 [220], holes, para 41) directed therethrough;
a second substrate (Fig 8 [202b], plate, para 39) including a second plurality of holes (Fig 9 [220], holes, para 41; Note: both plates comprise of holes that will overlap to reduce attenuation, see para 41) directed therethrough;
a chamber defined between the first substrate and the second substrate (In Fig 12, there is a concave surface [222a-b] within both plates [202a-b], when placed together form a cavity [240] within the disc, see para 44);
a membrane positioned within the chamber (In Fig 12, the diaphragm [250] is situated between the plates [202a-b], see para 45),;
wherein the acoustic filter is configured to attenuate a first acoustic wave that passes through the acoustic filter (In para 10, the attenuator provides higher level of sound attenuation where the external sound pressure is above the predetermined value than if the pressure levels were below a predetermined value. A person of ordinary skill in the art would recognize whether a first or second wave occur, the sound pressure would be attenuated based on a predetermined value.), the first acoustic wave having a first amplitude above an amplitude threshold (In claims 8, the peak value is approximately 150 dB);
and wherein the acoustic filter is configured to passthrough a second acoustic wave without substantially attenuating the second acoustic wave (In para 11, the attenuator has characteristics for allowing little to no attenuation at lower decibel levels), the second acoustic wave having a second amplitude below the amplitude threshold (In Fig 9, to achieve a particular attenuation effect, specifically, a very low attenuation for sound pressure levels below about 120 dB and a sharp increase in attenuation for sounds above 120 dB, see para 41).
Killion does not explicitly teach the membrane having a dimension other than the thickness of the membrane that is less than a corresponding dimension of the chamber
Carlson discloses the membrane having a dimension other than the thickness of the membrane that is less than a corresponding dimension of the chamber (In Fig 4A, within the port [16] and passage [24], the cavity [20] has an entrance approximately 0.125 inch in diameter and the diaphragm [18] is disposed on the shoulders bore [21]. A second bore, or cavity, is slightly larger that cavity, and the third bore [27] is slightly larger than cavity [third] than the second bore, see Col 3 L63-67, Col 4 L1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of the membrane having a dimension other than the thickness of the membrane that is less than a corresponding dimension of the chamber as taught by Carlson in Killion’s invention. The motivation would have been, for a attenuator, to correct the upset in the transfer characteristics of the ear canal arising from an earplug inserted at the outer end. In Col 1 L53-55, in Carlson.
Regarding claim 2, Killion does not explicitly teach wherein a gap is between a peripheral end of the membrane and the chamber .
Carlson discloses wherein a gap is between a peripheral end of the membrane and the chamber (In Fig 4A, the diaphragm [18] is disposed on the shoulders bore [21], see Col 4 L1. A person of ordinary skill in the art would recognize that is comparison between 2nd bore [21] and 3rd bore [22], there is a distance between the end of the diaphragm and the (top/bottom) end of bore [22]. So, the diaphragm is not in direct contact with top or bottom end of the bore)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein a gap is between a peripheral end of the membrane and the chamber as taught by Carlson in Killion’s invention. The motivation would have been, for a attenuator, to correct the upset in the transfer characteristics of the ear canal arising from an earplug inserted at the outer end. In Col 1 L53-55, in Carlson.
Regarding claim 3, Killion does not explicitly teach wherein the gap is between the peripheral end of the membrane and the top of the chamber; or wherein the gap is between the peripheral end of the membrane and the bottom of the chamber.
Carlson discloses wherein the gap is between the peripheral end of the membrane and the top of the chamber; or wherein the gap is between the peripheral end of the membrane and the bottom of the chamber (As stated in earlier claim 2: In Fig 4A, the diaphragm [18] is disposed on the shoulders bore [21], see Col 4 L1. A person of ordinary skill in the art would recognize that is comparison between 2nd bore [21] and 3rd bore [22], there is a distance between the end of the diaphragm and the (top/bottom) end of bore [22]. So, the diaphragm is not in direct contact with top or bottom end of the bore)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein a gap is between a peripheral end of the membrane and the chamber as taught by Carlson in Killion’s invention. The motivation would have been, for a attenuator, to correct the upset in the transfer characteristics of the ear canal arising from an earplug inserted at the outer end. In Col 1 L53-55, in Carlson.
Regarding claim 4, Killion does not explicitly teach wherein the dimension of the membrane other than the thickness of the membrane is a length, a width, or a diameter.
Carlson discloses wherein the dimension of the membrane other than the thickness of the membrane is a length, a width, or a diameter (In Fig 4A, within the port [16] and passage [24], the cavity [20] has an entrance approximately 0.125 inch in diameter and the diaphragm [18] is disposed on the shoulders bore [21], see Col 3 L63-67, Col 4 L1. A person of ordinary skill in the art would recognize the ends of the diaphragm are not in direct contact with the top/bottom ends of the bore [22] and that each bore is slightly larger than the previous one; then the length of the diaphragm is different as compared to each bore).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein a gap is between a peripheral end of the membrane and the chamber as taught by Carlson in Killion’s invention. The motivation would have been, for a attenuator, to correct the upset in the transfer characteristics of the ear canal arising from an earplug inserted at the outer end. In Col 1 L53-55, in Carlson.
Regarding claim 5, Killion teaches membrane (Fig 12 [250], cavity, para 45) the chamber (Fig 12 [240], cavity, para 44)
Killion does not explicitly teach wherein the has a length that is less than a length of, such that a first longitudinal end of the membrane does not contact the first substrate or the second substrate.
Carlson discloses wherein the has a length that is less than a length of, such that a first longitudinal end of the membrane does not contact the first substrate or the second substrate (In Fig 4A, the diaphragm [18] is disposed on the shoulders of bore [21], see Col 4 L1. A person of ordinary skill in the art would recognize that third bore [22], or cavity, where the diaphragm [18] is located within does not contact the cap portion [13] & base portion [12] (see Col 3 L21-23), which is the (top/bottom) of the third bore. Note: third bore is slight larger than the second bore [21], see Col 3 L65-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein the has a length that is less than a length of, such that a first longitudinal end of the membrane does not contact the first substrate or the second substrate as taught by Carlson in Killion’s invention. The motivation would have been, for a attenuator, to correct the upset in the transfer characteristics of the ear canal arising from an earplug inserted at the outer end. In Col 1 L53-55, in Carlson.
Regarding claim 6, Killion teaches membrane (Fig 12 [250], cavity, para 45) the chamber (Fig 12 [240], cavity, para 44)
Killion does not explicitly teach wherein the has a length that is less than a length of, such that a second longitudinal end of the membrane does not contact the first substrate or the second substrate.
Carlson discloses wherein the has a length that is less than a length of, such that a second longitudinal end of the membrane does not contact the first substrate or the second substrate (In Fig 4A, the diaphragm [18] is disposed on the shoulders of bore [21], see Col 4 L1. A person of ordinary skill in the art would recognize that third bore [22], or cavity, where the diaphragm [18] is located within does not contact the cap portion [13] & base portion [12] (see Col 3 L21-23), which is the (top/bottom) of the third bore. Note: third bore is slight larger than the second bore [21], see Col 3 L65-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein the has a length that is less than a length of, such that a second longitudinal end of the membrane does not contact the first substrate or the second substrate as taught by Carlson in Killion’s invention. The motivation would have been, for a attenuator, to correct the upset in the transfer characteristics of the ear canal arising from an earplug inserted at the outer end. In Col 1 L53-55, in Carlson.
Regarding claim 7, Killion teaches membrane (Fig 12 [250], cavity, para 45) the substrate (concave surface [222a-b], para 44)
Killion does not explicitly teach wherein the length of the is smaller than a length of first; and wherein the length of the membrane is smaller than a length of the second substrate.
Carlson discloses wherein the length of the is smaller than a length of first ; and wherein the length of the membrane is smaller than a length of the second substrate (In Fig 4A, within the port [16] and passage [24], the cavity [20] has an entrance approximately 0.125 inch in diameter and the diaphragm [18] is disposed on the shoulders bore [21]. A second bore, or cavity, is slightly larger that cavity, and the third bore [27] is slightly larger than cavity [third] than the second bore, see Col 3 L63-67, Col 4 L1. A person of ordinary skill in the art would recognize the distance between the ends of the diaphragm [18] and the cap portion [13] and base portion [12], which is the top/bottom of both second & third bore; the relative length of the membrane is gradually smaller.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein the length of the is smaller than a length of first; and wherein the length of the membrane is smaller than a length of the second substrate as taught by Carlson in Killion’s invention. The motivation would have been, for a attenuator, to correct the upset in the transfer characteristics of the ear canal arising from an earplug inserted at the outer end. In Col 1 L53-55, in Carlson.
Regarding claim 9, Killion teaches membrane (Fig 12 [250], cavity, para 45) the substrate (concave surface [222a-b], para 44)
Killion does not explicitly teach wherein a gap is between a top of the and a top of the; or wherein a gap is between a bottom of the membrane and the bottom of the chamber.
Carlson discloses wherein a gap is between a top of the and a top of the; or wherein a gap is between a bottom of the membrane and the bottom of the chamber (In Fig 4A, the diaphragm [18] is disposed on the shoulders bore [21]. A person of ordinary skill in the art would recognize that is comparison between 2nd bore [21] and 3rd bore [22], there is a distance between the end of the diaphragm and the (top/bottom) end of bore [22]. So, the diaphragm is not in direct contact with top or bottom end of the bore. See Col 3 L63-67, Col 4 L1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein a gap is between a top of the and a top of the; or wherein a gap is between a bottom of the membrane and the bottom of the chamber as taught by Carlson in Killion’s invention. The motivation would have been, for a attenuator, to correct the upset in the transfer characteristics of the ear canal arising from an earplug inserted at the outer end. In Col 1 L53-55, in Carlson.
Regarding claim 37, Killion teaches An acoustic filter (In para 10, the non-linear sound attenuator is used to reduce noise within the ear canal) comprising: a first substrate (Fig 8 [202a], plate, para 39) including a first plurality of holes (Fig 9 [220], holes, para 41) directed therethrough;
a second substrate (Fig 8 [202b], plate, para 39) including a second plurality of holes (Fig 9 [220], holes, para 41; Note: both plates comprise of holes that will overlap to reduce attenuation, see para 41) directed therethrough;
a membrane positioned between the first substrate and the second substrate (In Fig 12, the diaphragm [250] is situated between the plates [202a-b], see para 45), of the first substrate or the second substrate;
wherein the acoustic filter is configured to attenuate a first acoustic wave that passes through the acoustic filter (In para 10, the attenuator provides higher level of sound attenuation where the external sound pressure is above the predetermined value than if the pressure levels were below a predetermined value. A person of ordinary skill in the art would recognize whether a first or second wave occur, the sound pressure would be attenuated based on a predetermined value.), the first acoustic wave having a first amplitude above an amplitude threshold (In claims 8, the peak value is approximately 150 dB).
Killion does not explicitly teach the membrane having a dimension other than the thickness of the membrane that is less than a corresponding dimension
Carlson discloses the membrane having a dimension other than the thickness of the membrane that is less than a corresponding dimension (In Fig 4A, within the port [16] and passage [24], the cavity [20] has an entrance approximately 0.125 inch in diameter and the diaphragm [18] is disposed on the shoulders bore [21]. A second bore, or cavity, is slightly larger that cavity, and the third bore [27] is slightly larger than cavity [third] than the second bore, see Col 3 L63-67, Col 4 L1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of the membrane having a dimension other than the thickness of the membrane that is less than a corresponding dimension as taught by Carlson in Killion’s invention. The motivation would have been, for a attenuator, to correct the upset in the transfer characteristics of the ear canal arising from an earplug inserted at the outer end. In Col 1 L53-55, in Carlson.
Regarding claim 38, Killion teaches and wherein the acoustic filter is configured to passthrough a second acoustic wave without substantially attenuating the second acoustic wave (In para 11, the attenuator has characteristics for allowing little to no attenuation at lower decibel levels), the second acoustic wave having a second amplitude below the amplitude threshold (In Fig 9, to achieve a particular attenuation effect, specifically, a very low attenuation for sound pressure levels below about 120 dB and a sharp increase in attenuation for sounds above 120 dB, see para 41)
Regarding claim 39, Killion teaches wherein the amplitude threshold is less than or equal to 115 dB (In para 54, at an external SPL of 60 dB the value of C1.sub.v, would yield an attenuation of about 6 dB).
Claim 10 are rejected under 35 U.S.C. 103 as being unpatentable over Killion (US Publication) 20100329475 A1 in view of Fling (US Publication) 3730181 A
Regarding claim 10, Killion teaches of the membrane (Fig 12 [250], diaphragm, para 45) first (Fig 8 [202a], plate, para 39) or the second substrate (Fig 8 [202b], plate, para 39)
Killion does not explicitly teach wherein a first end is not coupled to the substrate; wherein a second end of the membrane opposite the first end is not coupled to the substrate or the second substrate; and wherein a center of the membrane between the first end and the second end is not coupled to the first or the second substrate.
Fling discloses wherein a first end is not coupled to the substrate; wherein a second end of the membrane opposite the first end is not coupled to the substrate or the second substrate (In Fig 7, the diaphragm [36’] includes a annular peripheral bead [42’] which is adapted to the gripped within the grooves [48a’] and [48b’] so as to maintain the diaphragm is a vertical, at rest position stretching across the chamber [91], see Col 5 L9-16. A person of ordinary skill in the art would recognize that the diaphragm is not coupled or tethered to either first [34a’] or second [34b’] substrate as the bead sits in a cavity-like groove. The diameter of the groove [48a’] and [48b’] is slightly greater then the diameter of the diaphragm and bead so as to stretch the diaphragm when seated [Col 5 L9-16].);
and wherein a center of the membrane between the first end and the second end is not coupled to the first or the second substrate (It would be obvious to a person of ordinary skill the art if the if the diaphragm [36’] is suspended in a vertical position due to the grooves [48a’] and [48b’], then the center of the diaphragm is not in contact with either substrate, see Col 5 L9-16 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein a first end is not coupled to the substrate; wherein a second end of the membrane opposite the first end is not coupled to the substrate or the second substrate; and wherein a center of the membrane between the first end and the second end is not coupled to the first or the second substrate as taught by Fling in Killion’s invention. The motivation would have been to allow normal sounds, or sounds below a predetermined decibel level, to pass therethrough and into the inner ear, while at the same time preventing the passage of abnormally loud and therefore injurious sounds into the ear. In Col 1 L30-34, in Fling.
Claim 16 are rejected under 35 U.S.C. 103 as being unpatentable over Killion (US Publication) 20100329475 A1 in view of Kraft (US Patent) 9087506 B1
Regarding claim 16, Killion teaches wherein a cross-section of the chamber (Fig 19 [240], cavity, para 44) is
Killion does not explicitly teach rectangular or square
Kraft discloses rectangular or square (In Fig 13A, housing [1310] may have a cross-sectional shape other than cylindrical, such as square or hexagonal, see Col 10 L67, Col 11 L1-3)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of rectangular or square as taught by Kraft in Killion’s invention. The motivation would have been to protection from sounds at certain frequencies, while allowing sounds at other frequencies to reach their ears. In Col 1 L62-64, in Kraft.
Claim 31-36 are rejected under 35 U.S.C. 103 as being unpatentable over Killion (US Publication) 20100329475 A1 in view of Johanson (US Patent) 3909556 A
Regarding claim 31, Killion teaches wherein the acoustic filter (In para 10, the non-linear sound attenuator is used to reduce noise within the ear canal) includes: a first substrate (Fig 8 [202a], plate, para 39) including a first plurality of holes (Fig 9 [220], holes, para 41) directed therethrough;
a second substrate (Fig 8 [202b], plate, para 39) including a second plurality of holes (Fig 9 [220], holes, para 41; Note: both plates comprise of holes that will overlap to reduce attenuation, see para 41) directed therethrough;
a chamber defined between the first substrate and the second substrate (In Fig 12, there is a concave surface [222a-b] within both plates [202a-b], when placed together form a cavity [240] within the disc, see para 44);
a membrane positioned within the chamber (In Fig 12, the diaphragm [250] is situated between the plates [202a-b], see para 45),;
wherein the acoustic filter is configured to attenuate a first acoustic wave that passes through the acoustic filter (In para 10, the attenuator provides higher level of sound attenuation where the external sound pressure is above the predetermined value than if the pressure levels were below a predetermined value. A person of ordinary skill in the art would recognize whether a first or second wave occur, the sound pressure would be attenuated based on a predetermined value.), the first acoustic wave having a first amplitude above an amplitude threshold (In claims 8, the peak value is approximately 150 dB);
and wherein the acoustic filter is configured to passthrough a second acoustic wave without substantially attenuating the second acoustic wave (In para 11, the attenuator has characteristics for allowing little to no attenuation at lower decibel levels), the second acoustic wave having a second amplitude below the amplitude threshold (In Fig 9, to achieve a particular attenuation effect, specifically, a very low attenuation for sound pressure levels below about 120 dB and a sharp increase in attenuation for sounds above 120 dB, see para 41).
Killion does not explicitly teach a sensor assembly comprising: an acoustic transducer that is configured to convert acoustic waves into electrical signals; an acoustic filter fluidly coupled to the acoustic transducer, wherein the acoustic filter is positioned in front of the acoustic transducer, such that an acoustic wave propagates first through the acoustic filter and then to the acoustic transducer; and
Johanson discloses A sensor assembly (In Fig 2, such transducer [28], also known as unidirectional microphones, are per se well know in the art, see Col 3 L55-59. Note: a microphone is known as a senor.) comprising: an acoustic transducer (Fig 2 [28], transducer, Col 3 L1-2) that is configured to convert acoustic waves into electrical signals (In Fig 2, the transducer [28] is within the housing [10], see Col 3 L25-25. Also, within the housing [10], there is a transducer for converting received sound energy into corresponding electrical energy, see Col 2 L66-67, Col 3 L1);
an acoustic filter (Fig 2 [50], acoustic filter, Col 3 L30 ) fluidly coupled to the acoustic transducer (In Fig 3, the port [34] of the transducer [28] communicates with aperture [18] through channel [26], filter [50], path [38], opening 41, and tube [36], see Col 4 L9-11), wherein the acoustic filter is positioned in front of the acoustic transducer, such that an acoustic wave propagates first through the acoustic filter and then to the acoustic transducer (In Fig 2, port [30] is coupled to aperture [18], which the filter [50], so that when sound enters into the housing [10], the sound hits the filter before the transducer [28], see Col 4 L9-15 ); and
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of a sensor assembly comprising: an acoustic transducer that is configured to convert acoustic waves into electrical signals; an acoustic filter fluidly coupled to the acoustic transducer, wherein the acoustic filter is positioned in front of the acoustic transducer, such that an acoustic wave propagates first through the acoustic filter and then to the acoustic transducer as taught by Johanson in Killion’s invention. The motivation would have been operated without undesired instability and without materially altering the quality of the received sound from the frontal direction. In Col 1 L47-50, in Johanson.
Regarding claim 32, Killion does not explicitly teach wherein the acoustic transducer is a microphone sensor; and wherein the sensor assembly is a microphone
Johanson discloses (In Fig 2, such transducer [28], also known as unidirectional microphones, are per se well know in the art, see Col 3 L55-59. Note: a microphone is known as a senor.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein the acoustic transducer is a microphone sensor; and wherein the sensor assembly is a microphone as taught by Johanson in Killion’s invention. The motivation would have been operated without undesired instability and without materially altering the quality of the received sound from the frontal direction. In Col 1 L47-50, in Johanson.
Regarding claim 33, A hearing aid comprising: the sensor assembly of claim 31 (See explanation, via Claim 31, of Killion in view of Johanson.
Regarding claim 34, Killion teaches a first substrate (Fig 8 [202a], plate, para 39) including a first plurality of holes (Fig 9 [220], holes, para 41) directed therethrough;
a second substrate (Fig 8 [202b], plate, para 39) including a second plurality of holes (Fig 9 [220], holes, para 41; Note: both plates comprise of holes that will overlap to reduce attenuation, see para 41) directed therethrough;
a chamber defined between the first substrate and the second substrate (In Fig 12, there is a concave surface [222a-b] within both plates [202a-b], when placed together form a cavity [240] within the disc, see para 44);
a membrane positioned within chamber (In Fig 12, the diaphragm [250] is situated between the plates [202a-b], see para 45);
wherein the acoustic filter is configured to attenuate a first acoustic wave that passes through the acoustic filter (In para 10, the attenuator provides higher level of sound attenuation where the external sound pressure is above the predetermined value than if the pressure levels were below a predetermined value. A person of ordinary skill in the art would recognize whether a first or second wave occur, the sound pressure would be attenuated based on a predetermined value.), the first acoustic wave having a first amplitude above an amplitude threshold (In claims 8, the peak value is approximately 150 dB);
and wherein the acoustic filter is configured to passthrough a second acoustic wave without substantially attenuating the second acoustic wave (In para 11, the attenuator has characteristics for allowing little to no attenuation at lower decibel levels), the second acoustic wave having a second amplitude below the amplitude threshold (In Fig 9, to achieve a particular attenuation effect, specifically, a very low attenuation for sound pressure levels below about 120 dB and a sharp increase in attenuation for sounds above 120 dB, see para 41).
Killion does not explicitly teach A hearing device comprising: an acoustic transducer that is configured to convert electrical signals into acoustic waves; an acoustic filter configured to be fluidly coupled to an ear canal, the acoustic filter including:
Johanson discloses A hearing device (in Fig 1, the invention is embodied as a behind the ear type hearing aid, see Col 2 L61-62) comprising: comprising: an acoustic transducer (Fig 2 [28], transducer, Col 3 L1-2) that is configured to convert acoustic waves into electrical signals into acoustic waves (In Fig 2, the transducer [28] is within the housing [10], see Col 3 L25-25. Also, within the housing [10], there is a transducer for converting received sound energy into corresponding electrical energy, see Col 2 L66-67, Col 3 L1);
an acoustic filter (Fig 2 [50], acoustic filter, Col 3 L30) fluidly coupled to an ear canal, the acoustic filter including (In Fig 3, the port [34] of the transducer [28] communicates with aperture [18] through channel [26], filter [50], path [38], opening 41, and tube [36], see Col 4 L9-11. In Fig 2, port [30] is coupled to aperture [18], which the filter [50], so that when sound enters the housing [10], the sound hits the filter before the transducer [28], see Col 4 L9-15)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of a sensor assembly comprising: an acoustic transducer that is configured to convert acoustic waves into electrical signals; an acoustic filter fluidly coupled to the acoustic transducer, wherein the acoustic filter is positioned in front of the acoustic transducer, such that an acoustic wave propagates first through the acoustic filter and then to the acoustic transducer as taught by Johanson in Killion’s invention. The motivation would have been operated without undesired instability and without materially altering the quality of the received sound from the frontal direction. In Col 1 L47-50, in Johanson.
Regarding claim 35, Killion does not explicitly teach wherein the acoustic filter is positioned in front of the acoustic transducer, such that an acoustic wave generated from the acoustic transducer propagates through the acoustic filter and then to into the ear canal; or wherein the acoustic filter is positioned behind the acoustic transducer, such that an acoustic wave generated from the acoustic transducer avoids passing through the acoustic filter before entering the ear canal. (In Fig 3, the port [34] of the transducer [28] communicates with aperture [18] through channel [26], filter [50], path [38], opening 41, and tube [36], see Col 4 L9-11. In Fig 2, port [30] is coupled to aperture [18], which the filter [50], so that when sound enters the housing [10], the sound hits the filter before the transducer [28], see Col 4 L9-15)
Regarding claim 36, Killion does not explicitly teach wherein the hearing device is a hearing aid
Johanson discloses wherein the hearing device is a hearing aid (in Fig 1, the invention is embodied as a behind the ear type hearing aid, see Col 2 L61-62).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein the hearing device is a hearing aid as taught by Johanson in Killion’s invention. The motivation would have been operated without undesired instability and without materially altering the quality of the received sound from the frontal direction. In Col 1 L47-50, in Johanson.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Van't Hof (US Patent) 11273076 B2 – square cavity with acoustic valve
Pluvinage (US Patent) 5987146 A – SPL levels: less than 70, near 80 SPL
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/MARCUS A BARBOZA/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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