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 .
Status of Application
This communication is responsive to the applicant's preliminary amendment filed 04/22/2025.
Claims 1-15 are pending.
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(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chmielewski (US-2020/0404437) in view of Jakubaitis (US-2006/0045301).
Regarding claim 1, Chmielewski discloses a hearing aid earpiece (see Fig. 1, 100) arrangeable within an ear canal (114) of a user, the hearing aid earpiece (10) comprising: a shell (121) enclosing a fixed back-vent volume (120); and a receiver (102) comprising a back volume (106) and a front volume (104) separated by an acoustic membrane (107), which is configured to use the back volume to produce an acoustic output in the front volume that is directed towards an interior of the ear canal (114, see para [0039]); wherein the back-vent volume (120) comprises the receiver (102), and the receiver (102) further comprises a back-vent (122) to fluidly connect the back volume (106) with the back-vent volume (120).
However, Chmielewski does not disclose the fixed back-vent volume is of fluid.
Jakubaitis discloses a speaker (Fig. 1) including a speaker enclosure having a liquid chamber or fixed back-vent volume (170, 172) that is filled with a liquid (i.e., fluid) to affect the turning of the speaker enclosure to enhance low frequency (see Abstract, para [0020], [0030]).
It would have been obvious to one of ordinary skill in the art before the effect filing date of the claimed invention to modify the hearing aid earpiece of Chmielewski by filling the back-vent volume of the shell of the hearing aid earpiece with liquid or fluid, as taught by Jakubaitis, in order to affect the turning of the hearing aid earpiece to enhance low frequency.
Regarding claims 2-3, see Fig. 1 of Chmielewski, wherein the claimed specific mechanical dimension of the fixed back-vent volume for the hearing aid earpiece is considered obvious design choice for one of ordinary skilled in the art.
Regarding claim 4, see receiver suspension 124 in Fig. 1 of Chmielewski.
Regarding claims 5-6, see Fig. 1, of Chmielewski, wherein the receiver 102 is directly attached to compartment wall or the shell 121, and the compartment wall 121 is comprising a faceplace that functions as a backplate for the receiver 102.
Regarding claim 7, see Fig. 1 of Chmielewski, wherein the claimed specific mechanical dimension of the faceplate or compartment wall for the hearing aid earpiece is considered obvious design choice for one of ordinary skilled in the art.
Regarding claims 8, see para [0061] of Chmielewski.
Regarding claims 9-10, see Fig. 1 of Chmielewski, wherein the claimed specific custom fitting, and specific material used for the shell of the hearing aid earpiece is old and well known in the hearing aid art, and they are considered obvious design choice for one of ordinary skilled in the art.
Regarding claim 11, see Fig. 4, microphone 300, processing unit 400, and para [0054], [0055] of Chmielewski.
Regarding claim 12, see para [0061] of Chmielewski.
Method of manufacturing claims 13-15 are rejected for the same reasoning as set forth for the rejection of apparatus claims 1, 8 and 4 since the method of manufacturing claims for the hearing aid earpiece would have constructed and manufactured according to the elements and components of the apparatus claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rasmussen et al, Han et al, Huwe et al, and Rasmussen et al disclose various ear inserted hearing aid earpieces.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XU MEI whose telephone number is (571)272-7523. The examiner can normally be reached on Monday-Friday 10-6:30 est.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached on 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XU MEI/ Primary Examiner, Art Unit 2695 09/19/2026
