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 . See 35 U.S.C. § 100 (note).
Art Rejections
Anticipation
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)(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.
Claims 23–41 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by US Patent Application Publication 2019/0191239 (effectively filed 20 December 2017) (“Seo”).
Claim 23 is drawn to “a headset.” The following table illustrates the correspondence between the claimed headset and the Seo reference.
Claim 23
The Seo Reference
“23. A headset and/or a hearing protection device, comprising:
The Seo reference similarly describes an earphone 1 corresponding to the claimed headset. Seo at Abs., ¶¶ 2, 7, 29, 30, 48, FIGs.2, 2, 3, 6.
“a waterproof speaker assembly includes a speaker unit including a transducer configured to generate an audio frequency signal,
Seo’s earphone 1 is an assembly that includes driver 2, corresponding to the claimed speaker unit and transducer. Id. at ¶¶ 32–34 at FIG.2. In a particular embodiment driver 2 includes an electrodynamic transducer formed by an upper plate 22, magnet and yoke 24, voice coil and main diaphragm 20. Id.
“a waterproof speaker housing configured to receive and sealably enclose, in part or in full, the speaker unit in an interior or a cavity of the waterproof speaker housing, and
The earphone 1 assembly further includes housing 100, which fully encloses driver 2 in its interior. Id. at ¶ 32, 44, FIG.2. Housing 100 is waterproof and is sealed by waterproof diaphragms A and B. Id.
“a waterproof slave membrane configured to release the audio frequency signal to outside of the waterproof speaker assembly,
Earphone 1 includes waterproof diaphragms A and B to seal openings in housing 100. Id. Diaphragms A and B transmit acoustic energy generated by driver 2. Id. at ¶¶ 45–47, FIG.5.
“wherein the waterproof speaker housing comprises a contact surface or area configured to support the waterproof slave membrane when being pressed against the waterproof speaker housing by a pressure of an ambient environment.”
Housing 100 includes a nozzle 102 with flange 106 and lip 108 that form a surface or area to support diaphragm A when ambient pressure is exerted against diaphragm A. Id. at ¶ 35, FIGs.2, 3.
Table 1
For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 24 depends on claim 23, and further requires the following:
“wherein the contact surface or area has a shape substantially mating, matching, and/or accommodating a shape of the slave membrane.”
Seo’s lip portion 108, corresponding to a contact surface, is similarly shaped to match the shape of diaphragm A. Leo at ¶ 35, FIG.2. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 25 depends on claim 23, and further requires the following:
“wherein the speaker unit comprises a main membrane configured to release the audio frequency signal to outside of the speaker unit.”
Seo’s driver 2 similarly includes diaphragm 20, or a main membrane, that generates audio into the internal front chamber of housing 100 that surrounds the outside of driver 2. Seo at ¶ 34, FIGs.2, 3. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 26 depends on claim 24, and further requires the following:
“wherein the contact surface or area comprises a plurality of openings configured to release the audio frequency signal of the speaker unit to or towards the slave membrane.”
Seo’s nozzle 102 defines an area with two openings—namely an inlet (e.g., an opening proximal to diaphragm 20) and an outlet (e.g., an opening proximal to flange 106). Seo at ¶¶ 32, 35, FIGs.2, 3. These openings communicate audio generated by driver 2 to diaphragm A. Id. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 27 depends on claim 23, and further requires the following:
“wherein the slave membrane is located on an outside portion of the waterproof speaker housing.”
Seo locates diaphragm A on an outside of nozzle 102. Seo at ¶ 35, FIGs.2, 3. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 28 depends on claim 23, and further requires the following:
“wherein the slave membrane comprises a shape with an indentation pattern configured to maintain the shape even after being exposed to a high pressure pressing the slave membrane against the speaker unit or the waterproof speaker housing.”
Seo depicts diaphragm A, corresponding to the claimed slave membrane, as having an indentation pattern. Seo at ¶¶ 37, 41, FIG.3. One of ordinary skill would recognize that the diaphragm would retain its shape in order to preserve the diaphragm’s ability to losslessly transmit sound. Id. at ¶ 41. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 29 depends on claim 28, and further requires the following:
“wherein the indentation pattern comprises a plurality of substantially elongated indentations tilted or angled across radial directions from a centre point of the slave membrane.”
Seo depicts diaphragm A, corresponding to the claimed slave membrane, as having an indentation pattern tilted or angled across radial directions from a center point of diaphragm A. Seo at ¶¶ 37, 41, FIG.3. One of ordinary skill would recognize that the diaphragm would retain its shape in order to preserve the diaphragm’s ability to losslessly transmit sound. Id. at ¶ 41. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 30 depends on claim 23, and further requires the following:
“wherein the slave membrane comprises a circular concentric coil or ring.”
This claim presents two alternative forms of a slave membrane: one with a circular concentric coil and one with a ring. Seo depicts diaphragm A, corresponding to the claimed slave membrane, as having a circular concentric ring. Seo at ¶¶ 37, 41, FIG.3. One of ordinary skill would recognize that the diaphragm would retain its shape in order to preserve the diaphragm’s ability to losslessly transmit sound. Id. at ¶ 41. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 31 depends on claim 23, and further requires the following:
“wherein the slave membrane is coil-less or ring-less.”
This claim presents two alternative forms of a slave membrane: one without a coil and one without a ring. Seo depicts diaphragm A, corresponding to the claimed slave membrane. Seo at ¶¶ 37, 41, FIG.3. Diaphragm A is coil-less because it is not coupled to a driving voice coil. Id. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 32 depends on claim 23, and further requires the following:
“wherein the pressure of the ambient environment is a water pressure arising from the waterproof speaker assembly being submersed in water.”
Seo describes forming diaphragm A as a waterproof membrane, such that it would retain its shape while being submerged. Seo at ¶¶ 17, 31, 36, 37, 44. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 33 depends on claim 23, and further requires the following:
“wherein the waterproof speaker assembly comprises a further waterproof element or membrane.”
Seo describes providing a second waterproof diaphragm B. Seo at ¶¶ 17, 31, 36, 37, 44, FIGs.2, 3. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 34 depends on claim 33, and further requires the following:
“wherein the further waterproof element or membrane is similar or identical to the slave membrane.”
Seo describes forming diaphragm A and diaphragm B in a similar or identical fashion. Seo at ¶¶ 36, 37, FIGs.2, 3. In particular, each diaphragm is formed in the same shape, with the same pattern and of the same materials. Id. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 35 depends on claim 33, and further requires the following:
“wherein the further waterproof element or membrane comprises a shape with an indentation pattern configured to maintain the shape in response to being exposed to a high pressure pressing the slave membrane against the speaker unit or the waterproof speaker housing.”
Seo depicts diaphragm B, corresponding to the claimed further waterproof element or membrane, as having an indentation pattern. Seo at ¶¶ 37, 41, FIG.3. One of ordinary skill would recognize that the diaphragm would retain its shape in order to preserve the diaphragm’s ability to losslessly transmit sound. Id. at ¶ 41. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 36 depends on claim 35, and further requires the following:
“wherein the indentation pattern comprises a plurality of substantially elongated indentations tilted or angled across radial directions from a centre point of the slave membrane.”
Seo depicts diaphragm B, corresponding to the claimed slave membrane, as having an indentation pattern tilted or angled across radial directions from a center point of diaphragm B. Seo at ¶¶ 37, 41, FIG.3. One of ordinary skill would recognize that the diaphragm would retain its shape in order to preserve the diaphragm’s ability to losslessly transmit sound. Id. at ¶ 41. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 37 depends on claim 33, and further requires the following:
“wherein the further waterproof element or membrane comprises a circular concentric coil or ring.”
This claim presents two alternative forms of a slave membrane: one with a circular concentric coil and one with a ring. Seo depicts diaphragm B, corresponding to the claimed slave membrane, as having a circular concentric ring. Seo at ¶¶ 37, 41, FIG.3. One of ordinary skill would recognize that the diaphragm would retain its shape in order to preserve the diaphragm’s ability to losslessly transmit sound. Id. at ¶ 41. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 38 depends on claim 33, and further requires the following:
“wherein the further waterproof element or membrane is coil-less or ring-less.”
This claim presents two alternative forms of a slave membrane: one without a coil and one without a ring. Seo depicts diaphragm B, corresponding to the claimed slave membrane. Seo at ¶¶ 37, 41, FIG.3. Diaphragm B is coil-less because it is not coupled to a driving voice coil. Id. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 41 depends on claim 33, and further requires the following:
“wherein the speaker unit comprises a first side and an opposite second side, and
“wherein the further waterproof element or membrane is arranged at the first side of the speaker unit and the slave membrane is arranged at the second side of the speaker unit.”
Seo’s driver 2 includes two sides defined by the two major surfaces of diaphragm 20. Seo at ¶ 34, FIGs.2, 3. Seo further locates diaphragms A and B on opposite sides of driver 2. Id. ¶¶ 35–36, FIGs.2, 3. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 39 depends on claim 23, and further requires the following:
“wherein the speaker unit comprises a first side and an opposite second side,
“wherein the first side is waterproof and facing away from at least one of (i) the slave membrane configured to release the audio frequency signal to outside of the waterproof speaker assembly or (ii) the interior or cavity of the waterproof speaker housing, and
“wherein the waterproof speaker housing includes an opening configured to receive the speaker unit from the second side.”
Seo’s driver 2 includes two sides defined by the two major surfaces of diaphragm 20. Seo at ¶ 34, FIGs.2, 3. Diaphragm 20 is waterproof. Id. at ¶ 31. One side of diaphragm 20 faces away from diaphragm A. See id. at ¶¶ 36, FIGs.2, 3. Further, housing 100 is formed into left and right parts such that driver 20 is inserted into a left part of housing 100 such that the second surface of diaphragm 20 is inserted first. See id. at FIGs.2, 3 (depicting housing 100 as two joined parts with driver 2 seated in a cavity defined primarily by the left part). For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Claim 40 depends on claim 23, and further requires the following:
“wherein the speaker unit comprises a first side and an opposite second side,
“wherein the speaker unit is configured to generate or emit the audio frequency signal from the second side, or the speaker unit comprises an acoustic damping material on the second side.”
Seo’s driver 2 includes two sides defined by the two major surfaces of diaphragm 20. Seo at ¶ 34, FIGs.2, 3. Seo further locates diaphragms A and B on opposite sides of driver 2. Id. ¶¶ 35–36, FIGs.2, 3. For the foregoing reasons, the Seo reference anticipates all limitations of the claim.
Obviousness
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.
Claims 42–46 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Seo and KR 101176300 B1 (published 22 August 2012) (“Seo II”).
Claim 42 is drawn to “a headset.” The following table illustrates the correspondence between the claimed headset and the Seo reference.
Claim 42
The Seo Reference
“42. A headset and/or a hearing protection device, comprising:
The Seo reference similarly describes an earphone 1 corresponding to the claimed headset. Seo at Abs., ¶¶ 2, 7, 29, 30, 48, FIGs.2, 2, 3, 6.
“a waterproof speaker assembly, the waterproof speaker assembly includes a first speaker unit comprising a transducer configured to generate an audio frequency signal,
Seo’s earphone 1 is an assembly that includes driver 2, corresponding to the claimed speaker unit and transducer. Id. at ¶¶ 32–34 at FIG.2. In a particular embodiment driver 2 includes an electrodynamic transducer formed by an upper plate 22, magnet and yoke 24, voice coil and main diaphragm 20. Id.
“a waterproof speaker housing, the waterproof speaker housing is configured to receive and sealably enclose, in part or in full, the first speaker unit in an interior or a cavity of the waterproof speaker housing, and
The earphone 1 assembly further includes housing 100, which fully encloses driver 2 in its interior. Id. at ¶ 32, 44, FIG.2. Housing 100 is waterproof and is sealed by waterproof diaphragms A and B. Id.
“a waterproof slave membrane configured to release the audio frequency signal to outside of the waterproof speaker assembly,
Earphone 1 includes waterproof diaphragms A and B to seal openings in housing 100. Id. Diaphragms A and B transmit acoustic energy generated by driver 2. Id. at ¶¶ 45–47, FIG.5.
“wherein the waterproof speaker housing comprises a contact surface or area configured to support the slave membrane when being pressed against the waterproof speaker housing by a pressure of an ambient environment, and
Housing 100 includes a nozzle 102 with flange 106 and lip 108 that form a surface or area to support diaphragm A when ambient pressure is exerted against diaphragm A. Id. at ¶ 35, FIGs.2, 3.
“wherein the waterproof speaker assembly further comprises a second speaker unit,
“each of the first and second speaker units comprising a first side and an opposite second side, and wherein the first side of each of the first and second speaker units is waterproof and faces away from the interior or cavity of the waterproof speaker housing,
“the waterproof speaker housing comprises a first opening fitting or mating with the first speaker unit and configured to receive the second side of the first speaker unit, and
“the waterproof speaker housing comprises a second opening fitting or mating with the second speaker unit and configured to receive the second side of the second speaker unit.”
Seo describes earphone 1 as including a single driver 2. See id. at FIGs.2, 3, 4, 6.
Table 2
The table above shows that the Seo reference describes an earphone that corresponds closely to the claimed invention. Seo does not anticipate the claimed inclusion of two speaker units in a single housing.
The differences between the Seo reference and the claimed invention are such that the invention as a whole would have been obvious to one of ordinary skill in the art at the time this Application was effectively filed. Seo describes an earphone including a single driver 2. Seo at FIG.2.
The Seo II reference, like the Seo reference, describes an earphone. Seo II further teaches and suggests including two drivers in an earphone. Seo II at FIG.5. The two drivers are optimized for reproducing different frequency bands. Id. at pp. 2–3, FIGs.3, 4. The earphone housing 10 is also expanded and configured to include two openings that respectively fit the two drivers. See id. at p.7, FIG.5. A second side of a first driver 30 includes an outlet 133 covered by dampening felt 39 and second driver 50 includes an outlet 155 covered by dampening felt 59. Id. at p. 5, FIG.8.
The teachings of Seo II, considered in combination with Seo, would have reasonably suggested modifying Seo’s earphone 1 to include two drivers. Housing 100 would have been modified to include portions that fit around each driver. The drivers would be oriented so their second sides are oriented away from the front sound cavity (i.e., the nozzle portion) of housing 100. One of ordinary skill would have also implemented both drivers with waterproof diaphragms as suggested by Seo. Seo at ¶ 31. For the foregoing reasons, the combination of the Seo and the Seo II references makes obvious all limitations of the claim.
Claim 43 depends on claim 42, and further requires the following:
“wherein the first and second speaker units are located with their respective second sides being adjacent to or facing each other.”
Seo II suggests locating two drivers to be adjacent to each other, such that their second sides will be adjacent. See Seo II at FIG. 8. For the foregoing reasons, the combination of the Seo and the Seo II references makes obvious all limitations of the claim.
Claim 44 depends on claim 42, and further requires the following:
“wherein each of the first and second speaker units is configured to generate or emit the audio frequency signal or a respective part of the audio frequency signal from the second side thereof.”
Claim 45 depends on claim 44, and further requires the following:
“wherein the first speaker unit is configured to generate or emit a first part of the audio frequency signal from the second side thereof, and the second speaker unit is configured to generate or emit a second part of the audio frequency signal from the second side thereof.”
Claims 44 and 45 are treated together. Seo II suggests driving diaphragms to optimally generate and emit sound in different frequency bands from the front of the diaphragms towards a nozzle. Seo II at pp.2–3, FIGs.3, 4, 5 (depicting overlapping frequency response of drivers 30 and 50). For the foregoing reasons, the combination of the Seo and the Seo II references makes obvious all limitations of the claims.
Claim 46 depends on claim 42, and further requires the following:
“wherein each of the first and second speaker units comprises an acoustic damping felt on the second side thereof.”
Seo II further teaches and suggests adding damping felt 39 and 59 (i.e., non-woven fabric) to the outlets of the drivers 30 and 50. See Seo II at p. 5. This would have reasonably suggested modifying Seo’s earphone 1 to also include damping felt at one driver or both drivers, as needed to provide a desired amount of damping.
Summary
Claims 23–46 are rejected under at least one of 35 U.S.C. §§ 102 and 103 as being unpatentable over the cited prior art. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention.
Conclusion
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/Walter F Briney III/
Walter F Briney IIIPrimary ExaminerArt Unit 2692
10/30/2025