DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
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 –
Claim(s) 1-3, 8, 11-13, 15, 19 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Struzik et al (US Patent No. 10951970).
Regarding claim 1, Struzik teaches an earphone, comprising: a hook-shaped component (18, body), a connecting component (20, body portion), and a holding component (12 acoustic module), wherein when the earphone is in a wearing state, the hook-shaped component (18) is configured to hang between a rear side of an ear of a user and a head of the user, the holding component (12) is configured to contact a front side of the ear, wherein the holding component has a thickness direction, a length direction, and a height direction orthogonal to each other, the thickness direction is configured as a direction in which the holding component (12) is close to or away from the ear in the wearing state (fig. 1, off ear audio device), and the height direction is configured as a direction in which the holding component is close to or away from a top of the user's head in the wearing state, and the connecting component (20) is configured to connect the hook-shaped component and the holding component, wherein in a natural state and in the thickness direction (fig. 2), the holding component (12) is at least spaced apart from a section of the hook-shaped component (18).
Regarding claim 2, Struzik teaches the earphone of claim 1, wherein the connecting component (fig. 2; 20) is arranged in a shape of an arc and connected between the holding component and the hook-shaped component.
Regarding claim 3, Struzik teaches the earphone of claim 1, wherein a core is set at the holding component, and the holding component (12) has a multi-section structure (52, 70, 74; housing sections), to adjust a relative position of the core on an overall structure of the earphone.
Regarding claim 11, Struzik teaches the earphone of claim 1, further including an extending component, wherein the extending component is arranged on the holding component, and extends into any one of a concha cavity, a concha boat, a triangular fossa, and a scapha of the ear in the wearing state; or the extending component (28, movable, col. 5 line 37-col. 6 line 13) is arranged on the hook-shaped component, and hooks a helix or an antihelix of the ear in the wearing state.
Regarding claim 12, Struzik teaches the earphone of claim 11, wherein in the wearing state, a side of the holding component in contact with a skin of the user is defined as an inner surface, a side opposite to the inner surface is defined as an outer surface, a side facing an ear hole of the ear, of the holding component facing an ear hole of the ear is defined as a lower surface, a side opposite to the lower surface is defined as an upper surface, and a side of the holding component facing the rear side of the ear is defined as a rear surface (see 112 2nd above), wherein the extending component (28, arm) is arranged on any one of the inner surface, the lower surface, the upper surface, and the rear surface.
Regarding claim 13, Struzik teaches the earphone of claim 11, wherein the extending component (28) is detachably connected to the holding component (col. 4 lines 46-64, optional structure; col. 6 lines 1-13, multiple sizes can be used).
Regarding claim 15, Struzik teaches the earphone of claim 1, wherein in the wearing state, the connecting component (20) is connected to a lower edge of the holding component.
Regarding claim 19, Struzik teaches the earphone of claim 1, wherein a side of the holding component facing the ear includes a first region and a second region, wherein the first region is configured with a sound hole (fig. 3; 15, opening); and the second region (fig. 3; 14 opening) is farther away from the connecting component than the first region and is more protruding toward the ear than the first region, so as to allow the sound hole to be spaced from the ear in the wearing state.
Allowable Subject Matter
Claim(s) 4-10, 14, 16-18, 20 is/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 filed, have been fully considered but they are not persuasive.
With respect to the Applicant’s arguments pertaining to claims that Struzik fails to teach “in a natural state and in the thickness direction (fig. 2), the holding component (12) is at least spaced apart from a section of the hook-shaped component (18)”, the Examiner disagrees.
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As shown in figure 4, the housing (12) has a cavity which supports the audio component. This cavity creates a thickness wider than the hook-shaped component connected to the housing. Additionally, Struzik shows further illustration in figures 5-6.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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August 4, 2026
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694
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