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 § 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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Pub No 2021/0345033 A1 to Yu et al. (“Yu”) in view of US Patent Pub No 2021/0377668 A1 to Park et al. (“Park”).
As to claim 1, Yu discloses a true wireless stereo (TWS) speaker, wherein an appearance of the TWS speaker is formed of a housing (see figures 1-6; pg. 2, ¶ 0031 - ¶ 0032; pg. 3, ¶ 0042), an inside of the housing is a space, a driver is disposed on one side of the space, and a sound emission portion configured to communicate with the driver and extend forward toward a user's external auditory canal is provided (audio unit 340 and path 304a, see figures 5-6; pg. 2, ¶ 0031; pg. 3, ¶ 0045); wherein, in a forward space facing the driver, a microphone is mounted on one side from an inlet of the sound emission portion (microphone 363, see figure 6; pg. 3, ¶ 0044), and the sound emission portion is blocked by a partition extending to form a boundary of a space formed by the sound emission portion; and whereon the partition forms a channel shape transmitting a speaker's voice to the microphone, and provides a microphone sound inlet portion independent of the sound emission portion (partition 304c and path 304b, see figure 6; pg. 3, ¶ 0044 - ¶ 0045).
Yu discloses various separate housing sections (see figure 3) but does not expressly disclose the inside of the housing being divided into an upper space and a lower space by a bracket disposed along a longitudinal direction, the driver being disposed on the lower space. However such a configuration is known in the art, as taught by Park, which discloses a similar wireless device, and further discloses the housing including a bracket for dividing the space within the housing (see figures 2-5; pg. 1, ¶ 0003; pg. 4, ¶ 0054). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, as such a configuration can be considered a matter of design depending on the size and shape of the housing and its portions, and further to provide separate spaces for the components within the different housing portions, including separate spaces for the speaker and any additional hardware in the earpiece (Park figures 2-5; pg. 4, ¶ 0054).
Claim(s) 2-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Park, and further in view of Korean Application KR 102358786 B1 to Chun et al. (“Chun”).
As to claim 2, Yu in view of Park discloses the TWS speaker of claim 1.
Yu in view of Park does not disclose wherein a first vent hole is formed in a front surface of the housing, and a first air flow control valve is formed to selectively open and close the first vent hole and controls opening and closing for external sound.
Chun discloses a similar device with a vent hole in the housing, and further discloses the use of an air valve for controlling the opening and closing of the hole to block or allow external sounds (see figures 1-2; pgs. 17-18, ¶ 0023; pgs. 22-23, ¶ 0030 of the English translation).
Yu in view of Park and Chun are analogous art because they are drawn to earphone devices.
It would have been an obvious choice before the effective filing date of the claimed invention to incorporate an air control valve as taught by Chun in the device as taught by Yu in view of Park. The motivation being to provide an earphone device with various modes for external sounds, and the ability to switch between said modes via the use of a control valve to block or allow said external sounds from being transmitted through the earphones (Chun pg. 3, ¶ 0003; pg. 6, ¶ 0008; pgs. 11-12, ¶ 0015 - ¶ 0016).
As to claim 3, Yu in view of Park and Chun further discloses wherein a second vent hole is formed in a side surface of the housing (Park side vent, see figures 1-2; Chun pg. 14, ¶ 0018; pg. 25, ¶ 0033), but does not expressly disclose a second air flow control valve is formed to selectively open and close the second vent hole and controls opening and closing for external sound. However such a configuration is considered obvious given the teachings of Yu in view of Park and Chun regarding multiple vents at various locations, and further as it has been held that mere duplication of parts involves only routine skill in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this case, the use of a second air flow control valve can provide further control on the air flow for each mode, particularly if both valves can be independently adjusted to tune the strength of each mode by adjusting the open or closed area of the ventilation holes (Chun pgs. 17-18, ¶ 0023).
As to claim 4, Yu in view of Park and Chun further discloses wherein: a second vent hole is formed in a side surface of the housing (Park side vent, see figures 1-2; Chun pg. 14, ¶ 0018; pg. 25, ¶ 0033); and a rearward casing is formed in a rearward portion, which is a portion above the driver, to surround the rearward portion of the driver, a third vent hole is formed in the rearward casing (Yu multiple casings, see figures 3; Chun figures 5-8; pg. 21, ¶ 0029; pg. 27, ¶ 0037), but does not expressly disclose a second air flow control valve configured to selectively open and close the third vent hole is disposed and controls opening and closing for external sound flowing in through the second vent hole. However such a configuration is considered obvious given the teachings of Yu in view of Park and Chun regarding multiple vents at various locations, and further as it has been held that mere duplication of parts involves only routine skill in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this case, the use of a second air flow control valve can provide further control on the air flow for each mode, particularly if both valves can be independently adjusted to tune the strength of each mode by adjusting the open or closed area of the ventilation holes (Chun pgs. 17-18, ¶ 0023).
As to claim 5, Yu in view of Park and Chun further discloses wherein a second plate-shaped bracket is installed between both sides of the driver and an inner wall of the housing, a central vent hole is formed in a bottom surface of the second bracket, and a first air flow control valve configured to selectively open and close the central vent hole is installed over the central vent hole and controls opening and closing for external sound (Chun figures 5-7; pg. 21, ¶ 0029; pg. 26, ¶ 0035).
As to claim 6, Yu in view of Park and Chun further discloses wherein a second vent hole is formed in a side surface of the housing (Park side vent, see figures 1-2; Chun pg. 14, ¶ 0018; pg. 25, ¶ 0033), but does not expressly disclose a second air flow control valve is formed to selectively open and close the second vent hole and controls opening and closing for external sound. However such a configuration is considered obvious given the teachings of Yu in view of Park and Chun regarding multiple vents at various locations, and further as it has been held that mere duplication of parts involves only routine skill in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this case, the use of a second air flow control valve can provide further control on the air flow for each mode, particularly if both valves can be independently adjusted to tune the strength of each mode by adjusting the open or closed area of the ventilation holes (Chun pgs. 17-18, ¶ 0023).
As to claim 7, Yu in view of Park and Chun further discloses wherein: a second vent hole is formed in a side surface of the housing (Park side vent, see figures 1-2; Chun pg. 14, ¶ 0018; pg. 25, ¶ 0033); and a rearward casing is formed in a rearward portion, which is a portion above the driver, to surround the rearward portion of the driver, a third vent hole is formed in the rearward casing (Yu multiple casings, see figures 3; Chun figures 5-8; pg. 21, ¶ 0029; pg. 27, ¶ 0037), but does not expressly disclose a second air flow control valve configured to selectively open and close the third vent hole is disposed and controls opening and closing for external sound flowing in through the second vent hole. However such a configuration is considered obvious given the teachings of Yu in view of Park and Chun regarding multiple vents at various locations, and further as it has been held that mere duplication of parts involves only routine skill in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this case, the use of a second air flow control valve can provide further control on the air flow for each mode, particularly if both valves can be independently adjusted to tune the strength of each mode by adjusting the open or closed area of the ventilation holes (Chun pgs. 17-18, ¶ 0023).
As to claim 8, Yu in view of Park and Chun further discloses wherein the first air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
As to claim 9, Yu in view of Park and Chun further discloses wherein the first air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
As to claim 10, Yu in view of Park and Chun further discloses wherein the first air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
As to claim 11, Yu in view of Park and Chun further discloses wherein the first air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
As to claim 12, Yu in view of Park and Chun further discloses wherein the first air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
As to claim 13, Yu in view of Park and Chun further discloses wherein the first air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
As to claim 14, Yu in view of Park and Chun further discloses wherein the second air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
As to claim 15, Yu in view of Park and Chun further discloses wherein the second air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
As to claim 16, Yu in view of Park and Chun further discloses wherein the second air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
As to claim 17, Yu in view of Park and Chun further discloses wherein the second air flow control valve forms one of the following states: (A) a closed state for external sound, (B) an intermediately open state for external sound in which a small gap is formed, and (C) a completely open state for external sound in which a large gap is formed (Chun open, close, or adjustable area for tuning mode strength, see pgs. 17-18, ¶ 0023 - ¶ 0024; pgs. 22-23, ¶ 0030).
Conclusion
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/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693