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 . Claim 1, 3-10, 13-14, 16, 18-24, 26 are pending.
Terminal Disclaimer
The terminal disclaimer filed on 3/26/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 11974084 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b), or the following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claim 1, the Application states there is an ear hook that has a first portion which is set at a distance depending on whether the earphone is worn. Since the ear hook is continuously attached to the ear hook, the claim does not make clear how there is a distance between the ear hook and earphone.
Allowable Subject Matter
Claim 1, 3-10, 13-14, 16, 18-24, 26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Upon review a references submitted with the IDS filed 7/31/2026, the Examiner contends that the Application is allowed based on reasons presented paper dated 5/20/2026.
Further IDS submitted reference (HE, CN113301463A) does not teach “wherein in the wearing state, a minimum distance between the sound production component and a first portion of the ear hook is not less than 2 mm, in the non-wearing state, the minimum distance between the sound production component and the first portion of the ear hook is not greater than 3 mm”, as claimed.
Conclusion
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August 8, 2026
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694
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