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 . This Office action is based on the communications filed February 5, 2024. Claims 1 – 10 are currently pending and considered below.
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.
(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.
Claim(s) 1, 2, 6, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Schrader et al. (US 2017/0230744 A1), hereinafter Schrader.
Claim 1: Schrader discloses a speaker module for a headset (see at least, FIG. 1), comprising a speaker housing (see at least, “As also illustrated in FIG. 1, frame 130 may include an aperture configured to receive a speaker 152, which may also be referred to as a driver, particularly in ANR headphones and headset applications,” Schrader [0015]); a speaker body (see at least, “Speaker/driver 152 provides audio output for communication headsets based on communication signals received from a wired and/or wireless connection or communication link,” Schrader [0015]), a first microphone (see at least, “For headphones or headsets having ANR features, frame 130 may also be configured to receive a sense microphone 156,” Schrader [0015]), a second microphone (see at least, “ambient microphone 158,” [0015], or “microphone 182 (implemented by a boom microphone in the representative embodiment, but generally representing any wired or wireless microphone) depending on the particular application and implementation,” Schrader [0018]), and a circuit board are mounted on the speaker housing (see at least, “wired connection between ambient microphone 158 and corresponding processing circuitry mounted on circuit board 170 and secured to frame 130,” Schrader [0015], “Circuit board 170 may include various passive and active, analog and digital, electric and electronic components or modules such as an electrical connector 172, a rechargeable (or replaceable) battery 174 and a microprocessor or microcomputer 176 to provide various communication and/or ANR processing functions for operation of speaker/driver 152, sense microphone 156, ambient microphone 158, and microphone 182 (implemented by a boom microphone in the representative embodiment, but generally representing any wired or wireless microphone) depending on the particular application and implementation,” Schrader [0018]); the first microphone (see at least, “a sense microphone 156,” Schrader [0015], Schrader FIG. 1, right side of frame 130 towards “a first cavity 120 (also referred to as a front chamber or front cavity) extends from the user's head 108 to frame 130,” Schrader [0012]) and the second microphone are oriented in different directions on the speaker housing (see at least, “In various embodiments, ambient microphone 158 may be separate from any resistive vent 160. Positioning of ambient microphone 158 may vary based on the particular application and availability of existing apertures in shell 104. Ambient microphone 158 should be positioned to minimize any feedback from speaker/driver 152. Ambient microphone 158 may be positioned close to resistive vent 160 so that a single aperture may be used to reduce sealing requirements and leak paths for noise,” [0016], or “microphone 182 (implemented by a boom microphone in the representative embodiment, but generally representing any wired or wireless microphone) depending on the particular application and implementation,” Schrader [0018], Schrader FIG. 1, left side of frame 130 towards “second cavity 124 (also referred to as a back chamber or back cavity) extends from frame 130 to shell 104,” Schrader [0012]); the circuit board is electrically connected to the speaker body, the first microphone, and the second microphone (see at least, “wired connection between ambient microphone 158 and corresponding processing circuitry mounted on circuit board 170 and secured to frame 130,” Schrader [0015], “Circuit board 170 may include various passive and active, analog and digital, electric and electronic components or modules such as an electrical connector 172, a rechargeable (or replaceable) battery 174 and a microprocessor or microcomputer 176 to provide various communication and/or ANR processing functions for operation of speaker/driver 152, sense microphone 156, ambient microphone 158, and microphone 182 (implemented by a boom microphone in the representative embodiment, but generally representing any wired or wireless microphone) depending on the particular application and implementation,” Schrader [0018]); the circuit board is provided with a circuit board plug port, and the circuit board plug port is exposed from the speaker housing (see at least, “During the conversion process, other components mounted to earcup 102 may be connected via connector 172 or similar connections to circuit board 170 prior to inserting and securing frame 130 within shell 104,” Schrader [0018], “To convert the passive protector headset to a communication headset, microphone 182 may be added. A strain relief connection 184 may be inserted through a corresponding hole molded (and previously plugged) or machined through shell 104 during the conversion assembly process. Microphone 182 may then be electrically connected to circuit board 170 using connector 172,” Schrader [0019]).
Claim 2: Schrader discloses the speaker module of claim 1, wherein the speaker housing comprises a housing body (see at least, right side of frame 130 towards “a first cavity 120 (also referred to as a front chamber or front cavity) extends from the user's head 108 to frame 130,” Schrader [0012], FIG. 1) and a housing cover (see at least, left side of frame towards “second cavity 124 (also referred to as a back chamber or back cavity) extends from frame 130 to shell 104,” Schrader [0012], FIG. 1); the speaker body is disposed between the housing body and the housing cover (see at least, “speaker/driver 152,” Schrader FIG. 1 between right side of frame 130 and left side of frame 130, Schrader FIG.1); the first microphone is disposed on the housing cover (see at least, “a sense microphone 156,” Schrader [0015], Schrader FIG. 1, right side of frame 130 towards “a first cavity 120 (also referred to as a front chamber or front cavity) extends from the user's head 108 to frame 130,” Schrader [0012]), and the second microphone (see at least, “In various embodiments, ambient microphone 158 may be separate from any resistive vent 160. Positioning of ambient microphone 158 may vary based on the particular application and availability of existing apertures in shell 104. Ambient microphone 158 should be positioned to minimize any feedback from speaker/driver 152. Ambient microphone 158 may be positioned close to resistive vent 160 so that a single aperture may be used to reduce sealing requirements and leak paths for noise,” [0016], or “microphone 182 (implemented by a boom microphone in the representative embodiment, but generally representing any wired or wireless microphone) depending on the particular application and implementation,” Schrader [0018], Schrader FIG. 1, left side of frame 130 towards “second cavity 124 (also referred to as a back chamber or back cavity) extends from frame 130 to shell 104,” Schrader [0012]) and the circuit board are disposed on a back side of the housing body (see at least, “circuit board 170 and secured to frame 130,” Schrader [0015]) opposite to the housing cover (see at least, left side of frame 130 towards “second cavity 124 (also referred to as a back chamber or back cavity) extends from frame 130 to shell 104,” Schrader [0012], Schrader FIG. 1).
Claim 6: Schrader discloses the speaker module of claim 1, wherein a housing body plug port is disposed on the speaker housing; the housing body plug port is connected with an audio cable; the housing body plug port is electrically connected to the circuit board (see at least, “In one embodiment, ambient microphone 158 is integrated within a resistive vent 160 that provides resistive venting of back cavity 124 to atmosphere while providing a path for a wired connection between ambient microphone 158 and corresponding processing circuitry mounted on circuit board 170 and secured to frame 130,” Schrader [0015],“ambient microphone 158, and microphone 182 (implemented by a boom microphone in the representative embodiment, but generally representing any wired or wireless microphone) depending on the particular application and implementation,” Schrader [0018], “To convert the passive protector headset to a communication headset, microphone 182 may be added. A strain relief connection 184 may be inserted through a corresponding hole molded (and previously plugged) or machined through shell 104 during the conversion assembly process. Microphone 182 may then be electrically connected to circuit board 170 using connector 172,” Schrader [0019]).
Claim 8: Schrader discloses the speaker module of claim 2, further comprising a pressing plate disposed outside the speaker housing (see at least, “ear seal plate 150,” Schrader [0014], “However, there are design compromises between user comfort and pressure of the earcups to reduce leak paths,” Schrader [0003], “a seal to contact an ear seal plate of the ear muff to define a back cavity between the interior of the shell and the frame and a front cavity between the frame and a user's head,” Schrader [0004], “Frame 130 may also include a circumferential support arm 146 that cooperates with a gasket or seal 148 to seal against ear seal plate 150 and separate front cavity 120 from back cavity 124,” Schrader [0014], Schrader FIG. 1).
Claim 9: Schrader discloses the speaker module of claim 8, wherein the pressing plate is defined by peripheral portions of the housing cover outside a coverage area by the housing body (see at least, “A headset comprising: a circumaural earcup having a shell,” Schrader claim 14, “Each ear cup 102 includes a shell 104 having a cushion 106 around the periphery of a front opening that forms a seal against head 108 of a user and generally surrounds the pinna of the user's ear 110,” Schrader [0011], “For example, frame 130 can be shaped so that circumferential support 146 and seal 148 seal against interior surface 122 of shell 104 rather than against ear seal plate 150. In various embodiments, shell 104 and/or frame 130 may be configured for insertion and retention by a helmet, hard hat, or other protective head gear. Similarly, various embodiments may include an unremovable ear seal plate. Frame 130 may be made of a resilient, flexible material so that it can be easily inserted within the opening formed by cushion 106. Alternatively, seal plate 150 and cushion 106 may be removed from shell 104 to facilitate insertion of frame 130 (and mounted components), and then replaced to secure frame 130 within shell 104,” Schrader [0021], Schrader FIG. 1).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schrader in view of Cheng et al. (US 2025/0088782 A1), hereinafter Cheng.
Claim 10: Schrader discloses the speaker module of claim 9, wherein a cushion is disposed on an outer side of the pressing plate (see at least, “Cushion 106 may be made of various types of materials that may have an associated compliance characteristic selected for a particular application to reduce or eliminate acoustic leak paths and provide a sealed chamber or cavity 120 surrounding ear 110. For example, cushion 106 may be manufactured from a viscoelastic material or foam and may include an additional covering or skin (not shown) to enhance durability, comfort, aesthetics, or various other system characteristics,” Schrader [0011], Schrader FIG. 1). Schrader does not disclose an ethyl vinyl acetate (EVA) cushion. However, Cheng discloses in regards to a similar cushion for wearable device (Cheng FIG. 3). Cheng further discloses disclose an ethyl vinyl acetate (EVA) cushion (see at least, “The inner cushion 300 includes a second base material (not individually shown) and a second heat storage material (not individually shown). The second heat storage material is dispersed within the second base material. In
some embodiments, the second base material is a porous elastic structure. For example, materials for the second base material may include memory foam, polyurethane elastomer, natural sponges, polyethylene foam elastomer, ethylene-vinyl acetate (EVA) elastomer, silicone elastomer, polypropylene
elastomer, or other suitable materials or combinations thereof,” Cheng [0022]). Since Schrader teaches “Cushion 106 may be made of various types of materials,” Schrader [0011], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an ethyl vinyl acetate (EVA) cushion as disclosed by Cheng in the invention of Schrader thereby allowing the advantage of “a cushion that can be worn comfortably for a long time,” Cheng [0001].
Allowable Subject Matter
Claims 3 – 5 and 7 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH SAUNDERS whose telephone number is (571)270-1063. The examiner can normally be reached Monday-Thursday, 9:00 a.m. - 4 p.m., EST.
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, Carolyn R Edwards can be reached at (571)270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH SAUNDERS JR/Primary Examiner, Art Unit 2692