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 objected to because the claim should begin with the word "A"/"The" as appropriate.
Claim 14 is objected to because the claim recites “as inductive coils system transferring electrical energy” which should read “as inductive coils for transferring electrical energy” or similar language.
Appropriate correction is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 11, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (US 2011/0144749, hereinafter “Kim”).
Regarding claim 1, Kim discloses an in-canal wireless transmitting system (ICWTS) associated with an implant that is configured to stimulate an organ in a head of a user having an ear and an ear canal (figure 1; par 0028), the ICWTS comprising: a canal transmitting antenna to be positioned within the ear canal (speech processor 10 includes an in-canal unit; par 0029-0031, as in figure 1), wherein the canal transmitting antenna is configured to transmit electrical energy (par 0008, 0030-0032 where the transmitting antenna transmits the processed electric signal); and an implanted receiving antenna to be implanted in the ear (par 0033-0035), wherein the implanted receiving antenna is connected to the implant and receives the electrical energy that functions as a power source (par 0033).
Regarding claim 2, Kim discloses a microphone and wherein the electrical energy further comprises sound signals received by the implanted receiving antenna and the organ is an auditory nerve (par 0030-0031 details the microphone converts the sound signal to an electric signal and the transmitting unit receives this signal and modulates the signal; see figure 2).
Regarding claim 3, Kim discloses the implanted receiving antenna is positioned in a mastoid cavity in the car, in a close proximity to an inner wall of the car canal that is facing a direction of the ear canal (figure 1; par 0008, 0011, 0015, 0033, 0047).
Regarding claim 4, Kim discloses the canal transmitting antenna is directed to the implanted receiving antenna in the mastoid cavity (figure 1; par 0008, 0011, 0015, 0033, 0047).
Regarding claim 5, Kim discloses the canal transmitting antenna is transmitting unidirectional wireless transmission of electrical energy and bidirectional wireless transmission of data communication (par 0008, 0011, 0015, 0033, 0047).
Regarding claim 6, Kim discloses the data communication is modulated on a power carrier transmission that transmits power (par 0008, 0011, 0015, 0033, 0047).
Regarding claim 7, Kim discloses a hidden transmission system comprising: ICWTS as claimed in claim 1 (see rejection above); and an external transmission system comprising an additional receiving antenna provided to the implant and located in a mastoid cavity facing an outer side of the head (pars 0015, 0033) and an external transmitting antenna located on the outer side, wherein the additional receiving antenna receives power and data from the external transmission antenna (implanted part 20 includes a coil 50 for receiving power; figure 2, par 0033).
Regarding claim 8, Kim discloses a bone anchored hearing aid (pars 0035-0036).
Regarding claim 9, Kim discloses a fully implantable cochlear implant configured to be combined with an ICWTS as claimed in claim 3 (see rejection above) so as to form a combined hidden transmission system, the combined hidden transmission system comprising: a processor (speech processor 10 includes an in-canal unit; par 0029-0031, figure 1); a microphone functions as a main data source and collects sound (pars 0030-0031); a power source (par 0030, battery); and an electrode array (par 0033), wherein the electrical energy transmitted from the canal transmitting antenna functions as alternative power supply or as a charger to the power source and the data is transmitted from the canal transmitting antenna to the processor through the receiving antenna (pars 0033-0035).
Regarding claim 10, Kim discloses a hidden transmission system comprising: ICWTS as claimed in claim 9 (see rejection above); and an external transmission system comprising an additional receiving antenna provided to the implant and located in a mastoid cavity facing an outer side of the head (pars 0015, 0033), wherein the additional receiving antenna receives power and data from the external transmission antenna (implanted part 20 includes a coil 50 for receiving power; figure 2, par 0033).
Regarding claim 11, Kim discloses a method of positioning the ICWTS as claimed in claim 1, the method comprising: implanting the receiving antenna within a mastoid cavity in close proximity to an inner wall of the ear canal facing the ear canal (pars 0015, 0033), and placing the transmitting antenna in the ear canal and directing the transmitting antenna towards the receiving antenna (pars 0033, 0048).
Regarding claim 15, Kim discloses the canal transmitting antenna is housed within a canal unit that is provided with an adjustment mechanism by which the position of the transmission antenna can be adjusted manually (par 0031).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Leysieffer (US 6,198,971).
Regarding claim 14, Kim discloses the claimed invention (see rejection of claim 1 above), but does not explicitly disclose the canal transmitting antenna and the receiving antenna are coils that function as inductive coils for transferring electrical energy and data using an electromagnetic transmission. Leysieffer is analogous art in regard to structures and arrangements for an implantable system to rehabilitate a hearing disorder (abstract). Leysieffer discloses it was known in the art to provide a transmitting antenna and the receiving antenna that are coils and function as inductive coils for transferring electrical energy and data using an electromagnetic transmission (col 8, ln 49-col 9, ln 13; col 12, ln 13-34). Applied to the invention of Kim, the features of Leysieffer would provide the canal transmitting antenna and the receiving antenna with coils that function as inductive coils for transferring electrical energy and data using an electromagnetic transmission as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Leysieffer in the invention of Kim, since such a modification would provide the predictable results of improved rehabilitation of a hearing disorder in which signal processing and generation is better adapted and enabled than in existing systems after implantation.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Meskens (US 2011/0009924 A1) in view of Bartschi et al (US 5,734,976, hereinafter “Bartschi”).
Regarding claims 16 and 17, Meskens discloses external unit (BTE) comprises at least two transmission coils where the BTE can be switched from sending signals of one of the at least two transmission coils at a time (par 0133). Meskens, however, does not explicitly disclose the BTE comprises a plurality of socket connections configured to receive at least two transmission coils, wherein the one of the transmitting coils is a canal transmitting coil that is configured to be plugged in one of the plurality of sockets. Bartschi is analogous art in regard to known structures for hearing aid technologies (abstract). Bartschi discloses it was known in the art to provide a socket connection to receive a transmission coil (figure 5, col 8, ln 32-52). Applied to the invention of Meskens, the features of Bartschi would provide the BTE comprising a plurality of socket connections configured to receive at least two transmission coils, wherein the one of the transmitting coils is a canal transmitting coil that is configured to be plugged in one of the plurality of sockets as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Bartschi in the invention of Meskens, since such a modification would provide the predictable results of a conventionally known secure connection method for an antenna to a hearing aid.
Allowable Subject Matter
Claims 12 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chung et al (US20050209657A1) discloses known systems and arrangements for cochlear implants with disclosure to telecoils and coils used for communication (par 0011, 0041, 0045, 0047).
Goorevich et al (US20140105434A1) discloses known systems and arrangements for an auditory prosthesis including communication via coils between internal and external components (pars 0032, 0043, 0068-0070).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lindsey G Wehrheim whose telephone number is (571)270-5181. The examiner can normally be reached Monday - Friday 9 a.m. - 5 p.m. EST.
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Lindsey G Wehrheim
Primary Examiner
Art Unit 3799
/LINDSEY G WEHRHEIM/Primary Examiner, Art Unit 3799
