DETAILED ACTION
1. Applicant's amendments and remarks submitted on March 9, 2026 have been entered. Claim 1 has been amended. Claims 21-22 have been added. Claims 1-22 are still pending on this application, with claims 1-22 being rejected. All new grounds of rejection were necessitated by the amendments to claim 1 and new claims 21-22. Accordingly, this action is made final.
2. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
3. Claim(s) 1, 3-6, 9-15 and 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Korean Application KR 101411380 B1 to An et al. (“An”).
As to claim 1, An discloses an apparatus, comprising: an audio generating element (see figure 1; pg. 21, ¶ 0049; pg. 22, ¶ 0051 of the English translation); a sleeve including a longitudinal channel having an insertion axis (shell 200 with cylindrical support portion 250, see figures 4-14; pg. 49, ¶ 0103), an outer surface of the sleeve including at least a first portion that is expandable in a cross-sectional size in at least one direction (see figures 2-5 and 19-22; pgs. 23-24, ¶ 0053 - ¶ 0055); and a rigid insert configured for insertion into the longitudinal channel, wherein at least the first portion of the outer surface of the sleeve expands in the at least one direction in response to pressure applied against an inner surface of the longitudinal channel by the rigid insert being inserted into the longitudinal channel against the inner surface of the longitudinal channel and along the insertion axis of the longitudinal channel (spacer 300 insertion pushes shell to expand, see figures 4-12 and 19-22; pg. 26, ¶ 0057 - ¶ 0058; pgs. 45-48, ¶ 0093 - ¶ 0101).
As to claim 3, An further discloses wherein the outer surface of the sleeve has a cylindrical shape with a cylindrical radius when the rigid insert is not inserted into the longitudinal channel, and the cross-sectional size in the at least one direction of the first portion of the outer surface of the sleeve is larger than the cylindrical radius when the rigid insert is inserted into the longitudinal channel (see figures 4-5 and 19-22; pg. 26, ¶ 0057 - ¶ 0058).
As to claim 4, An further discloses wherein the cross-sectional size of the first portion of the outer surface of the sleeve in the at least one direction is smaller than a cross-sectional size in the at least one direction of a second portion of the outer surface of the sleeve when the rigid insert is not inserted into the longitudinal channel, and the cross-sectional size of the first portion of the outer surface of the sleeve is at least the cross-sectional size of the second portion of the outer surface of the sleeve when the rigid insert is inserted into the longitudinal channel (see figures 21-22; pg. 56, ¶ 0115).
As to claim 5, An further discloses wherein a cross-sectional size in the at least one direction of a first portion of an outer surface of the rigid insert is larger than a cross-sectional size in the at least one direction of a first portion of an inner surface of the longitudinal channel (see figures 4, 7, 9, 12, 15 and 18).
As to claim 6, An further discloses wherein a cross-sectional size in the at least one direction of a second portion of an outer surface of the rigid insert is smaller than the cross-sectional size in the at least one direction of the first portion of the outer surface of the rigid insert (see figures 25-27; pg. 60, ¶ 0121 - ¶ 0122; pg. 62, ¶ 0125).
As to claim 9, An further discloses wherein a second portion of the outer surface of the rigid insert is at a different position along the insertion axis than the first portion of the outer surface of the rigid insert, and the cross-sectional size in the at least one direction of the second portion of the outer surface of the rigid insert is at least as large as the cross-sectional size in the at least one direction of the first portion of the outer surface of the rigid insert (threaded outer surface with uniform ridges, see figures 7, 9, 12, 18-19 and 21).
As to claim 10, An further discloses wherein a third portion of the outer surface of the rigid insert is between the first portion of the outer surface of the rigid insert and the second portion of the outer surface of the rigid insert along the insertion axis, and a cross-sectional size in the at least one direction of a third portion of the outer surface of the rigid insert is smaller than the cross-sectional size in the at least one direction of the first portion of the outer surface of the rigid insert and the second portion of the outer surface of the rigid insert (grooves between wider threaded portions, see figures 7, 9, 12, 18-19 and 21).
As to claim 11, An further discloses wherein a cross-sectional size in the at least one direction of the third portion of the outer surface of the rigid insert is larger than a cross-sectional size in the at least one direction of a third portion of the inner surface of the longitudinal channel (cross-sectional size of grooves in spacer larger than cross-sectional size of distal cylinder portion, see figures 7, 9, 12, 18-19 and 21), and a position of the third portion of the outer surface of the rigid insert corresponds to the third portion of the inner surface of the longitudinal channel when the rigid insert is inserted into the longitudinal channel (spacer engaged with stretched distal cylinder portion when inserted, see figures 8, 20 and 22; pg. 51, ¶ 0106).
As to claim 12, An further discloses wherein, when a position of the first portion of the outer surface of the rigid insert corresponds to a position of the first portion of the inner surface of the longitudinal channel, the third portion of the inner surface of the longitudinal channel resists withdrawal of the rigid insert from the sleeve (threaded configuration of spacer pushes cylindrical support outward to expand shell, see figures 8, 20 and 22; pg. 48, ¶ 0101; pg. 51, ¶ 0106).
As to claim 13, An further discloses wherein, when the rigid insert is inserted into the longitudinal channel, the third portion of the inner surface of the longitudinal channel creates pressure against the third portion of the outer surface of the rigid insert, and the pressure secures the rigid insert within the longitudinal channel (see figures 8, 20 and 22; pg. 48, ¶ 0101; pg. 51, ¶ 0106).
As to claim 14, An further discloses wherein a second portion of the outer surface of the rigid insert is at a different position along the insertion axis than the first portion of the outer surface of the rigid insert, a second portion of the inner surface of the longitudinal channel is at a different position along the insertion axis of the longitudinal channel than the first portion of the inner surface of the longitudinal channel, and a cross-sectional size in the at least one direction of the second portion of the inner surface of the longitudinal channel is at least as large as a cross-sectional size in the at least one direction of the second portion of the outer surface of the rigid insert (threaded outer surface of spacer with uniform ridges and corresponding channel surface, see figures 7-9, 12, 18-19 and 21-22).
As to claim 15, An further discloses wherein, when the rigid insert is partially inserted into the longitudinal channel, a position of the first portion of the outer surface of the rigid insert along the insertion axis corresponds to a position of the first portion of the inner surface of the longitudinal channel along the insertion axis and causes the first portion of the sleeve to expand to a first cross-sectional size in the at least one direction, and when the rigid insert is further inserted into the longitudinal channel, a position of the second portion of the outer surface of the rigid insert along the insertion axis corresponds to the position of the first portion of the inner surface of the longitudinal channel along the insertion axis and causes the first portion of the sleeve to expand to a second cross-sectional size in the at least one direction that is larger than the first cross-sectional size (variable spacer insert position along channel including midway point to accommodate different canal sizes, see figures 1-3, 21-22 and 28-29; pg. 24, ¶ 0055).
As to claim 18, An further discloses wherein at least a portion of an inner surface of the longitudinal channel has a different cross-sectional size in a first direction than in a second direction (see figures 4, 7, 9, 12-16 and 25-26), and at least a portion of an outer surface of the rigid insert has a different cross-sectional size in the first direction than in the second direction (see figures 25-27).
As to claim 19, An further discloses wherein an inner surface of the longitudinal channel has a first alignment element, and an outer surface of the rigid insert has a second alignment element configured to couple with the first alignment element when the rigid insert is inserted into the longitudinal channel (threaded surfaces, see figures 7, 9, 12, 18-19 and 21).
As to claim 20, An further discloses further comprising at least one of a wired connection configured to couple the audio generating element to an audio source or an audio receiver configured to cause the audio generating element to generate audio based on an audio signal received from an audio source (see figures 1-3; pg. 21, ¶ 0049).
As to claim 21, An further discloses wherein a first length of the sleeve before the rigid insert is inserted into the longitudinal channel of the sleeve is substantially equal to a second length of the sleeve after the rigid insert is inserted into the longitudinal channel of the sleeve (see figures 4-5, 8-9 and 19-22).
Claim Rejections - 35 USC § 103
4. Claim(s) 2, 7-8, 16-17 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over An in view of US Patent Pub No 2012/0155689 A1 to Milodzikowski.
As to claim 2, An discloses the apparatus of claim 1.
An does not expressly disclose wherein expanding the cross-sectional size in the at least one direction of at least the first portion of the outer surface of the sleeve when the apparatus is inserted into an ear canal of a user creates a seal within the ear canal of the user. However it does disclose the outer surface of the sleeve coming into substantial contact with the ear canal (see figures 1-3; pg. 23, ¶ 0052). Forming a seal within the ear canal of the user is therefore considered obvious given the teachings of An, and further as taught by Milodzikowski, which discloses a similar apparatus, and further discloses the ear canal worn portion coming into contact against the user’s ear canal and forming a substantial seal (see pg. 2, ¶ 0015). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide an ear worn device with enhanced noise isolation, thereby enhancing sound produced by the ear worn device (Milodzikowski pg. 2, ¶ 0015).
As to claim 7, An in view of Milodzikowski further discloses wherein the first portion of the outer surface of the rigid insert is closer to a distal end of the rigid insert than the second portion of the outer surface of the rigid insert (An spacer shape not limited, see pg. 62, ¶ 0125; Milodzikowski insert portion wider at distal end and narrower at center, see figures 7-9).
As to claim 8, An in view of Milodzikowski further discloses wherein the first portion of the outer surface of the rigid insert is closer to the distal end of the rigid insert than the first portion of the inner surface of the longitudinal channel when the rigid insert is inserted into the longitudinal channel (An variable spacer insert position along channel including midway point, see figures 21-22 and 28-29; Milodzikowski wider tip of insert at distance from opening 125 portion of channel, see figures 7-9).
As to claim 16, An in view of Milodzikowski further discloses wherein: expanding the first portion of the sleeve to the first cross-sectional size when the apparatus is inserted into an ear canal of a user creates a first seal within the ear canal of the user; and expanding the first portion of the sleeve to the second cross-sectional size when the apparatus is inserted into the ear canal of the user creates a second seal within the ear canal of the user (An variable adjustments, see figures 1-3, 21-22 and 28-30; pg. 24, ¶ 0055; Milodzikowski figures 2A-2E; pg. 2, ¶ 0015), but does not expressly disclose the second seal being tighter than the first seal.
However such a configuration is considered obvious given the teachings of An in view of Milodzikowski, and particularly given the teaching of variable shapes and ear tip size adjustments, with some shapes corresponding to the cushion being fully expanded and snugly contacting all sides of the ear canal (An figures 1-3, 21-22 and 28-30; pg. 23, ¶ 0052; pg. 24, ¶ 0055; Milodzikowski pg. 3, ¶ 0054, ¶ 0056). The intermediate shapes corresponding to a partial or lighter contact of the ear canal and therefore resulting in a lighter seal is considered obvious given the teachings of An in view of Milodzikowski, depending on the particular shape of the earpiece expansion and the size of the user’s ear canal. The motivation being to provide the user with various levels of seal or pressure to the ear canal when adjusting the earpiece to various shapes and sizes, including intermediate shapes (An figures 1-3 and 28-30; pg. 24, ¶ 0055; Milodzikowski pg. 6, ¶ 0075).
As to claim 17, An in view of Milodzikowski further discloses wherein a cross-sectional size in the at least one direction of a tapered portion of the outer surface of the rigid insert monotonically increases along the insertion axis of the rigid insert, the tapered portion is closer to a distal end of the rigid insert than the first portion of the outer surface of the rigid insert, and the cross-sectional size of the tapered portion in the at least one direction monotonically decreases along the insertion axis in an insertion direction (An spacer shape not limited, see pg. 62, ¶ 0125; Milodzikowski tapered end, see figures 21A and 24-25).
As to claim 22, An in view of Milodzikowski further discloses wherein at least a portion of the rigid insert is external to the longitudinal channel of the sleeve prior to the rigid insert being inserted into the longitudinal channel of the sleeve (An figures 18-19, 21 and 27, spacer shape not limited, see pg. 62, ¶ 0125; Milodzikowski figures 6-9 and 25-26).
Response to Arguments
5. Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
6. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABRINA DIAZ whose telephone number is (571)272-1621. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 5712727488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693
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