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 Claims
Claims 1-20 are rejected
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “third and fourth magnets” in each of claims 8 and 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 18 recites the limitation "the sound channel" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claims 19-20 inherit the deficiency of base claim 18.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ji et al (US PUB 20200107110, hereinafter Ji110).
Regarding claim 1, Ji110 discloses an in-ear headphone (e.g. listening device 101), (see at least the abstract and figure 1A and 1B), comprising: a device housing (e.g. housing 105/158) that defines an interior cavity (e.g. an internal space), a primary acoustic port formed through the device housing (e.g. a main acoustic port through the housing 158), (see figure B); an acoustic driver (e.g. a speaker 123) disposed within the device housing and aligned to emit sound through the primary acoustic port (see [0078]-[0081] and [0083], also figures 1A-1B); a deformable ear tip (e.g. a deformable 174) having a sound channel (e.g. a sound channel 210) formed through its length and coupled to the device housing such that the sound channel is aligned with the primary acoustic port (see [0086]-[0088], and figures 2A-2B); and a magnetic alignment system, comprising a first set of magnets (e.g. first magnet 340) coupled to the device housing and a second set of magnets (e.g. second magnet 338) coupled to the deformable ear tip (see figures 3C), the magnetic alignment system configured to removably couple the deformable ear tip to the device housing and align the ear tip so that it can only be coupled to the device housing in a single orientation (e.g. a first magnet 338 can be positioned within bottom region 320 of eartip 302 adjacent to a surface that makes contact with outer structure 304, and a second magnet 340 can be positioned within lip 336 of outer structure 304 adjacent to a surface that makes contact with eartip 302 so that magnet 338 can attract magnet 340 to properly orient eartip 302 with outer structure 304 during attachment), (see [0094] and [0101], also figures 3A-3C).
Although the embodiment of figures 3A-3C only shows single pair of magnets 340/338. However, the embodiment of figure 3I teaches the application of a set of magnets as set forth in [0125] and figure 3I (so that attractive magnetic forces can draw eartip 532 to nozzle 359 with enough force to effectuate attachment). Therefore, it would have been obvious to incorporate a set of magnets 388/340 in the embodiment of figures 3A-3C as well in order to increase the magnetic coupling strength and integrity, and thereby further enhancing the eartip-housing attachment integrity.
Regarding claim 2, Ji110 discloses the in-ear headphone set forth in claim 1 wherein the first set of magnets (magnets 340) are mechanically attached to a surface of the device housing (304) that encircles the primary acoustic port (e.g. acoustic port 311), (see Ji110, figures 3A and 3C).
Regarding claim 3, Ji110 discloses the in-ear headphone set forth in claim 2 but fails to explicitly disclose wherein each magnet in the first set of magnets is a cylindrical magnet. However, it would have been obvious to any person having an ordinary skill in the art to apply a cylindrically-shaped magnet as a mere matter of design choice, since it has been held that ‘the configuration/shape of a claimed element is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)); (see MPEP 2144.04 IV B).
Regarding claim 4, claim 4 is similarly rejected as claim 3 above.
Regarding claim 5, claim 5 is similarly rejected as claim 3 above.
Regarding claim 6, claim 6 is similarly rejected as claim 3 above.
Regarding claim 7, Ji110 discloses the in-ear headphone set forth in claim 1 wherein the first set of magnets includes first and second magnets each of which has an outer surface facing the ear tip, the first magnet having a first polarity at its outer surface and the second magnet having a second polarity at its outer surface opposite the first polarity (see Ji110, [005]-[0006] also figures 3A and 3C).
Regarding claim 8, Ji110 discloses the in-ear headphone set forth in claim 7 wherein the second set of magnets includes third and fourth magnets each of which has an outer surface facing the speaker housing, the third magnet having a first polarity at its outer surface and the fourth magnet having a second polarity at its outer surface opposite the first polarity (see Ji110, [005]-[0006] also figures 3A and 3C).
Regarding claim 9, Ji110 discloses the in-ear headphone set forth in claim 1 but fails to explicitly disclose wherein each magnet in the first and second set of magnets is a rare earth magnet. However, it would have been obvious to any person having an ordinary skill in the art to apply rare earth magnets, since it has been held that: ‘selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination’ (In Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)); (see MPEP 2144.07).
Regarding claim 10, Ji110 discloses an in-ear headphone (e.g. listening device 101), (see at least the abstract and figure 1A and 1B), comprising: a device housing (e.g. housing 105/158) that defines an interior cavity (e.g. an internal space), a primary acoustic port formed through the device housing (e.g. a main acoustic port through the housing 158), (see figure B); an acoustic driver (e.g. a speaker 123) disposed within the device housing and aligned to emit sound through the primary acoustic port (see [0078]-[0081] and [0083], also figures 1A-1B); a deformable ear tip (e.g. a deformable 174) having a sound channel (e.g. a sound channel 210) formed through its length and coupled to the device housing such that the sound channel is aligned with the primary acoustic port (see [0086]-[0088], and figures 2A-2B); a first set of magnets (e.g. first magnet 340) mechanically affixed to the device housing at a location adjacent to the primary acoustic port (see figures 3C), the first set of magnets including at least first and second magnets each of which has a monolithic structure, the first magnet having a single magnetic region with a first magnetic polarity aligned perpendicular (e.g. vertically) to an outer surface of the first magnet and the second magnet having a single magnetic region with a second magnetic polarity, opposite the first magnetic polarity, aligned perpendicular to an outer surface of the second magnet (e.g. first and second magnets positioned laterally adjacent to one another, where the first and second magnets each have a polarity that is oriented parallel to a vertical dimension), (see [0005]); and a second set of magnets (e.g. second magnet 338) coupled to the deformable ear tip at a location adjacent to the sound channel (see figures 3C), the second set of magnets including at least third and fourth magnets each of which has a monolithic structure, the third magnet having a single magnetic region with a first magnetic polarity aligned perpendicular to an outer surface of the third magnet and the fourth magnet having a single magnetic region with a second magnetic polarity, opposite the first magnetic polarity, aligned perpendicular to an outer surface of the fourth magnet (e.g. first and second magnets positioned laterally adjacent to one another, wherein the first magnet has a first magnetic polarity that is vertically downward, and the second magnet has a second magnetic polarity that is vertically upward; and third and fourth magnets laterally positioned from the first and second magnets, wherein the third magnet is positioned adjacent to the first magnet and the fourth magnet is positioned adjacent to the second magnet), (see [0006]); wherein the deformable ear tip is configured to be removably coupled to the device housing by the first and second sets of magnets and wherein the first and second sets of magnets are positioned such that the deformable ear tip can only be coupled to the device housing in a single orientation (e.g. a first magnet 338 can be positioned within bottom region 320 of eartip 302 adjacent to a surface that makes contact with outer structure 304, and a second magnet 340 can be positioned within lip 336 of outer structure 304 adjacent to a surface that makes contact with eartip 302 so that magnet 338 can attract magnet 340 to properly orient eartip 302 with outer structure 304 during attachment), (see [0094] and [0101], also figures 3A-3C).
Although the embodiment of figures 3A-3C only shows single pair of magnets 340/338. However, the embodiment of figure 3I teaches the application of a set of magnets as set forth in [0125] and figure 3I (so that attractive magnetic forces can draw eartip 532 to nozzle 359 with enough force to effectuate attachment). Therefore, it would have been obvious to incorporate a set of magnets 388/340 in the embodiment of figures 3A-3C as well in order to increase the magnetic coupling strength and integrity, and thereby further enhancing the eartip-housing attachment integrity.
Claim(s) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ji110 in view of Huwe et al (US PUB 20170094388, hereinafter Huwe).
Regarding Claim 11, Ji110 discloses an in-ear headphone (e.g. listening device 101), (see at least the abstract and figure 1A and 1B), comprising: a device housing (e.g. housing 105/158) that defines an interior cavity (e.g. an internal space), a primary acoustic port formed through the device housing (e.g. a main acoustic port through the housing 158), (see figure 1B); an acoustic driver (e.g. a speaker 123) disposed within the device housing and aligned to emit sound through the primary acoustic port; a deformable ear tip (e.g. a deformable 174) having an attachment end and an ear interfacing end opposite from the attachment end (e.g. back and front end), (see figure 2B), the deformable ear tip comprising: an inner ear tip wall (e.g. inner wall 316) extending between the ear interfacing end and the attachment end (see figure 3A); a deformable outer ear tip wall (e.g. outer wall 322) sized and shaped to be inserted into an ear canal and extending from the ear interfacing end toward the attachment end of the ear tip (see Ji110, figures 1A-1B, 2A-2B, and 3A-3B).
Ji110 does not explicitly disclose an anchor disposed between inner ear tip wall and the outer ear tip wall, the anchor configured to, when the ear tip is inserted into the ear canal, generate a force in a direction of the sound channel.
However, Huwe in the same field of endeavor teaches an ear tip (e.g. ear tip assembly 360), (see figure 8), comprising an anchor (e.g. an internal support subassembly 381, 382) disposed between an inner ear tip wall and the outer ear tip wall, the anchor configured to, when the ear tip is inserted into the ear canal, generate a force in a direction of the sound channel (e.g. sound channel 363), (see Huwe, [0072], and figures 8-9). Therefore, it would have been obvious to any person having an ordinary skill in the art to incorporate an anchor positioned between the inner ear tip wall and the outer ear tip wall as taught by Huwe in the teachings of Ji110 in order to maintain an improved airtight fitting of the eartip when inserted into the ear of the user, and thereby further preventing sound leakage.
Moreover, the combination of Ji110 and Huwe further teaches: an alignment system (e.g. a magnetic alignment system having a first magnet 340, and a second magnet 338) that allows the deformable ear tip to be removably coupled to the device housing in a single orientation such that the anchor is positioned at a bottom portion of the ear tip when the ear tip is inserted into the ear canal (e.g. the first magnet 338 can be positioned within bottom region 320 of eartip 302 adjacent to a surface that makes contact with outer structure 304, and the second magnet 340 can be positioned within lip 336 of outer structure 304 adjacent to a surface that makes contact with eartip 302 so that magnet 338 can attract magnet 340 to properly orient eartip 302 with outer structure 304 during attachment), (see Ji110, [0078]-[0081], [0083],[0094] and [0101], also figures 1-3).
Regarding claim 12, Ji110 as modified by Huwe discloses the in-ear headphone set forth in claim 11 wherein the anchor comprises a leaf spring coupled to the inner ear tip wall (e.g. lap portion 382f is a soft leaf spring), (see Huwe, [0073], and figure 8).
Regarding claim 13, Ji110 as modified by Huwe discloses the in-ear headphone set forth in claim 11 wherein the anchor comprises a rigid plastic structure co-molded with the inner ear tip wall (see Huwe, [0069], and figures 5 and 8).
Regarding claim 14, Ji110 as modified by Huwe discloses the in-ear headphone set forth in claim 11 wherein the anchor is made from the same material as the outer ear tip wall (see Huwe, [0064], and figures 5 and 8).
Regarding claim 15, Ji110 as modified by Huwe discloses the in-ear headphone set forth in claim 14 wherein the inner ear tip wall, outer ear tip wall and anchor are a monolithic (integral) structure (see Huwe, figure 8).
Regarding claim 16, Ji110 as modified by Huwe discloses the in-ear headphone set forth in claim 11 wherein the anchor (support subassembly 381, 382) is coupled to the inner ear tip wall and extends away from the inner ear tip wall toward the outer ear tip wall (see Huwe, [0073], and figure 8).
Regarding claim 17, Ji110 as modified by Huwe discloses the in-ear headphone set forth in claim 11 wherein the anchor (support subassembly 381, 382) is coupled to the outer ear tip wall and extends away from the outer ear tip wall towards the inner ear tip wall (see Huwe, [0073], and figure 8).
Regarding Claim 18, Ji110 discloses a deformable ear tip (e.g. a deformable 174) having an attachment end and an ear interfacing end opposite from the attachment end (e.g. back and front end), (see figure 2B), the deformable ear tip comprising: an inner ear tip wall (e.g. inner wall 316) extending between the ear interfacing end and the attachment end (see figure 3A); a deformable outer ear tip wall (e.g. outer wall 322) sized and shaped to be inserted into an ear canal and extending from the ear interfacing end toward the attachment end of the ear tip (see Ji110, figures 1A-1B, 2A-2B, and 3A-3B).
Ji110 does not explicitly disclose an anchor coupled between the inner ear tip wall and extending away from the inner ear tip wall toward the outer ear tip wall, the anchor configured to, when the ear tip is inserted into the user’s ear canal, generate a force in a direction of the sound channel.
However, Huwe in the same field of endeavor teaches an ear tip (e.g. ear tip assembly 360), (see figure 8), comprising an anchor (e.g. an internal support subassembly 381, 382) disposed between an inner ear tip wall and extending away from the inner ear tip wall toward the outer ear tip wall, the anchor configured to, when the ear tip is inserted into the ear canal, generate a force in a direction of the sound channel (e.g. sound channel 363), (see Huwe, [0072], and figures 8-9). Therefore, it would have been obvious to any person having an ordinary skill in the art to incorporate an anchor positioned between the inner ear tip wall and the outer ear tip wall as taught by Huwe in the teachings of Ji110 in order to maintain an improved airtight fitting of the eartip when inserted into the ear of the user, and thereby further preventing sound leakage.
Regarding claim 19, Ji110 as modified by Huwe discloses the in-ear headphone set forth in claim 18 wherein the anchor comprises a leaf spring coupled to the inner ear tip wall (e.g. lap portion 382f is a soft leaf spring), (see Huwe, [0073], and figure 8).
Regarding claim 20, Ji110 as modified by Huwe discloses the in-ear headphone set forth in claim 18 wherein the anchor comprises a rigid plastic structure co-molded with the inner ear tip wall (see Huwe, [0069], and figure 8).
Conclusion
The prior art made of record provided on PTO 892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OYESOLA C OJO whose telephone number is (571)272-0848. The examiner can normally be reached Monday through Friday 8:00am to 4:00pm Central Time.
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/OYESOLA C OJO/Primary Examiner, Art Unit 2695