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 § 102
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 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.
Claim(s) 1-3, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harney et al. (US 20130129136 A1).
Regarding Claim 1, Harney teaches: An electronic sound recording device in particular a hearing instrument ([0003], [0064], [0066]: “Small microphone systems have a broad range of applications, including use in hearing aids, Bluetooth headsets, and mobile phones. Typical microphone systems include a microphone element, such as a microelectromechanical system microphone (also known as a "micromachined microphone," "silicon microphone," or "MEMS microphone"). The microphone may include on-board circuitry to process the microphone element's electrical output signals, or may be packaged with another circuit in the same package.”) comprising: a housing having a housing wall and an opening formed therein through which opening sound can enter the housing (Fig. 27, hearing aid soundport, which is an opening in the hearing aid housing); a printed circuit board being arranged in said housing and having a through-hole that acts as a sound channel through said printed circuit board (Fig. 27, host system substrate 2710 with aperture 2710A); a microphone having a microphone port and being mounted on said printed circuit board such that said microphone port faces said printed circuit board and opens to said through-hole (Fig. 27, microphone package 2700, aperture 2701A); a sound duct having a sound passage formed therein and being arranged between the printed circuit board and the housing wall such that said sound passage connects said opening of the housing wall to said through-hole of the printed circuit board (Fig. 27, coupling tube 2720 and sound tube; [0102]), characterized in that a washer having a bore is arranged between the printed circuit board and the sound duct such that the sound passage of the sound duct is connected to the through-hole of the printed circuit board via said bore of the washer (Fig. 27, [0103]: “The washer 2730 is coupled directly to the substrate 2710 within the coupling tube 2720, and helps to seal the interface of the coupling tube 2720, filter 2740, and the substrate 2710. Further, the washer 2730 may be secured to the substrate 2710, and the filter 2740 may, in turn, be secured to the washer 2730, so that the filter 2740 and washer 2730 cooperate to secure each other to the substrate and/or even to the inside of the coupling tube 2720.”), wherein said bore of the washer has a diameter smaller than both a diameter of said through-hole of the printed circuit board and a diameter of said sound passage of the sound duct (Fig. 27: washer 2730 necessarily has a bore smaller than a diameter of the through-hole 2701A of PCB and bore of 2720).
Regarding Claim 2, Harney teaches: wherein the microphone is a MEMS microphone ([0007]: “The microphone may include a MEMS microphone, and the module further may include a circuit chip coupled with the first side of the substrate. ”).
Regarding Claim 3, Harney teaches: wherein the washer abuts the printed circuit board (Fig. 27, [0103]: “The washer 2730 is coupled directly to the substrate 2710 within the coupling tube 2720, and helps to seal the interface of the coupling tube 2720, filter 2740, and the substrate 2710. Further, the washer 2730 may be secured to the substrate 2710, and the filter 2740 may, in turn, be secured to the washer 2730, so that the filter 2740 and washer 2730 cooperate to secure each other to the substrate and/or even to the inside of the coupling tube 2720.”).
Regarding Claim 8, Harney teaches: wherein at least one protection mesh spanning the bore of the washer or the through-hole of the printed circuit board is arranged between the washer and the sound duct (Fig. 27: membrane filter 2740; [0103]: “The washer 2730 is coupled directly to the substrate 2710 within the coupling tube 2720, and helps to seal the interface of the coupling tube 2720, filter 2740, and the substrate 2710. Further, the washer 2730 may be secured to the substrate 2710, and the filter 2740 may, in turn, be secured to the washer 2730, so that the filter 2740 and washer 2730 cooperate to secure each other to the substrate and/or even to the inside of the coupling tube 2720.”) and/or between the washer and the printed circuit board and/or between the printed circuit board and the microphone.
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harney et al. (US 20130129136 A1), in view of Weibel et al. (US 20200059739 A1).
Regarding Claims 4 and 5, Harney does not teach: wherein the washer is made of metal or wherein the washer is soldered to the printed circuit board. In a related field, Weibel teaches to provide a similar structure functioning as a washer which is made of metal ([0020]) which is soldered to a PCB ([0021], see also acoustic tube 42 in Fig. 2) for a hearing device (Figs. 1-2). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Harney to use a metal washer, such as suggested by Harney, and to further solder the metal washer to the PCB of Harney, such as suggested by Weibel. Motivation for doing either modification would lie in providing a stronger material for the washer (such as metal) and the ability to securely attach the washer to the PCB (i.e. via soldering).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harney et al. (US 20130129136 A1).
Regarding Claims 6-7, Harney does not specifically teach: wherein the diameter of the bore of the washer is between 0.2 mm to 0.6 mm, preferably between 0.3 mm and 0.5 mm, in particular ca. 0.4 mm or wherein the diameter of the through-hole of the printed circuit board is between 0.5 mm and 1.2 mm, preferably between 0.7 mm and 0.9 mm, in particular ca. 0.8 mm. However, Harney teaches: “Among other things, the length and diameter of the sound pipe can define acoustic performance, such as resonances that may in some cases be desirable. As just one example, in some embodiments, the sound pipe may have a circular cross-section with a diameter of 0.5 millimeters, and be five millimeters in length. The sound pipe may be straight, or may include one or more curves, angles or bends” [0053]). It would have been obvious to try to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Harney, if not already taught, to include the claimed ranges for either the bore(s) of the washer or the through-hole of the PCB since the claimed ranges fall within the approximate size of that of the sound pipe through-hole. Motivation for doing so would lie in defining a desired acoustic performance for the MEMS microphone (understood from [0053] of Harney). See further In re Bergen, 120 F.2d 329, 332, 49 USPQ 749, 751-52 (CCPA 1941) (The court found that the overlapping endpoint of the prior art and claimed range was sufficient to support an obviousness rejection, particularly when there was no showing of criticality of the claimed range).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW A EASON whose telephone number is (571)270-7230. The examiner can normally be reached M-F 7:30AM-4PM.
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/MATTHEW A EASON/Supervisory Patent Examiner, Art Unit 2624
