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 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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wagman et al (US 20170093079 A1).
With respect to claim 1, Wagman discloses an earbuds cradle comprising:
a body (#105; Par.[0117]);
a pair of earbud accommodating grooves (#110a,b) provided on a upper surface of the body and configured to accommodate a pair of earbuds (#115a,b), each of the pair of earbud accommodating grooves comprising a respective bottom surface, wherein the respective bottom surfaces are separate from each other such that the pair of earbud accommodating grooves do not share a common bottom cavity or bottom passage connecting the pair of earbud accommodating grooves (Par.[0117] cavities #110a and #110b are accommodating grooves that each accommodate an earbud #115a or #115b; wherein the each cavity comprises a bottom surface defined by a bottom surface of stem section #116a,b);
a sound reflection deformation portion (bottom wall of stem section #116a,b) provided at the bottom surface of each of the pair of earbud accommodating grooves (Par.[0117] stem portions #116a and #116b comprise a bottom wall at the bottom surface of each cavity #115a,b)(Examiner’s Note: the term “sound reflection deformation portion” is a relative term has no well-recognized meaning in the art. Due to the breadth of the term the Examiner has interpreted the “sound reflection deformation portion” as any portion of the earbud cradle, such as a wall, provided at the bottom surface of each accommodating groove, as defined by the claim); and
a lid (#120) disposed on the body and configured to cover the pair of earbuds (Par.[0118]).
With respect to claim 2, Wagman discloses the earbuds cradle of claim 1, wherein the sound reflection deformation portion comprises a protrusion (#425) protruding from the bottom of each of the earbud accommodating grooves (Par.[0145] as shown in figure 4A, each bottom wall of the cavities #115 may comprise protrusions in the form of contacts #425,430).
With respect to claim 3, Wagman discloses the earbuds cradle of claim 2, wherein the protrusion has a shape including any one shape of a dome, a cylinder, a cone, a truncated cone, a polygonal column, a polygonal pyramid, and a polygonal truncated pyramid (see fig.4a #425,430).
With respect to claim 4, Wagman discloses the earbuds cradle of claim 1, wherein the sound reflection deformation portion includes a groove formed in the bottom of each of the earbud accommodating grooves (see fig.4a groove between contacts #425,430).
With respect to claim 5, Wagman discloses the earbuds cradle of claim 4, wherein: the groove includes a shape including any one shape of a concave curved surface, a circular cross-section groove, a polygonal cross-section groove, a conical groove, a truncated cone groove, a polygonal pyramidal groove, and a polygonal truncated pyramidal groove (see fig.4a groove between contacts #425,430).
Allowable Subject Matter
Claims 6-8 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 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
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (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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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/Primary Examiner, Art Unit 2695
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