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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Allowable Subject Matter
Claims 7-10 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.
Claim 17-20 would be similarly indicated as objected upon but for the 112 rejection below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
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.
Claims 11-20 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.
Regarding claim 11, the applicant claims "a rotating shaft" and glasses rim and the glasses
temple are able to relatively rotate around the rotating shaft Applicant's specification states ([0180]):
"Therefore, the first rotating shaft 1902 may be fixedly connected to the glasses temple 15 and rotatably connected to the glasses rim 11 so that the glasses rim 11 and the glasses temple 15 may be rotated around the first rotating shaft 1902 to be folded or unfolded."
Applicant's claimed limitation that the shaft is "rotating" does not appear to reflect the description
in the specification or the drawings provided by the applicant. It appears, from the specification, that the
shaft is actually "fixed" to the temple portion of the lens to allow relative rotation between the temple and
rim portions of the frames. Further, the limitation that temple and rim are able to relatively rotate "around
the rotating shaft" suggests that the shaft is fixed while one of the rim or temple is movable about the
shaft. Therefore, it is not clear if the applicant intends that the shaft be rotatable or not, which renders the
claim indefinite.
For the purposes of the instant action the office will interpret the limitation such that the "rotating
shaft" facilitates relative motion between the lens frame rim and temple portions.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 and 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sprague et al. (PGPUB 20150319546) in view of Hosaka et al. (PBPUB 20180098147).
Regarding claim 1, Sprague discloses a speaker, comprising:
a core housing (at least Fig. 2C where a speaker is shown within a housing), including a main housing; and
a wire configured to electrically connect the earphone core with a control circuit outside the core housing (Fig. 4B shows left and right speakers connected to an MCU via wires).
Sprague does not disclose a baffle component, wherein the baffle component is located inside the main housing and connected to the main housing to divide an inner space of the main housing into a first accommodation space and a second accommodation space;
an earphone core disposed in the first accommodation space and configured to generate sounds based on an audio signal; and
wherein the wire, starting from the first accommodation space and passing through the second accommodation space, is further connected with the control circuit, and the second accommodation space is filled with sealant.
Hosaka discloses an earphone speaker comprising a baffle component (top portion of 26), wherein the baffle component is located inside the main housing and connected to the main housing to divide an inner space of the main housing into a first accommodation space and a second accommodation space (Fig. 10 where the surfaces 24 and 27 define a first accommodation space and the cylinder shape of 26 defines a second accommodation space);
an earphone core disposed in the first accommodation space and configured to generate sounds based on an audio signal (Fig. 10, 24); and
wherein the wire, starting from the first accommodation space and passing through the second accommodation space, is further connected with the control circuit, and the second accommodation space is filled with sealant (Fig. 10 where the wires pass through 26 from 24 and are sealed with a filler [0060]).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Sprague and Hosaka such that the speaker was configured to include first and second accommodation spaces and the second accommodation space being filled with sealant motivated by reducing the size of the device ([0061]).
Regarding claim 2, modified Sprague discloses wherein the core housing is further disposed with a connection hole in flow communication with an outer end surface of the core housing, and the second accommodation space is disposed near the connection hole (Fig. 10 of Hosaka shows the core within a hole and in communication with the outer housing via various connections, such as wires and supporting structures, and the accommodation space is near the connection hole).
Regarding claim 3, modified Sprague discloses wherein the main housing includes a peripheral side wall and a bottom end wall connected to one end surface of the peripheral side wall, and the peripheral side wall and the bottom end wall enclose the inner space of the main housing (Fig. 10 of Hosaka where 32-33 define walls enclosing the inner space).
Regarding claim 4, modified Sprague discloses wherein the baffle component is disposed near the connection hole and includes a side baffle with both ends connected to the peripheral side wall and a bottom baffle spaced from the bottom end wall and connected to the peripheral side wall and the side baffle, respectively; and the bottom baffle is disposed with a wiring hole (Fig. 10, where the top of 26 is connected to the left and right sides of the entire speaker structure and spaced from a bottom end that also attaches to the left and right sides to form a wiring hole).
Regarding claim 5, modified Sprague discloses wherein the baffle component includes an inner baffle configured to divide the second accommodation space into two sub-accommodation spaces and divide the wiring hole into two portions, and one of the two portions of the wiring hole is in flow communication with one of the two sub-accommodation spaces (Fig. 10 shows two baffle components, where the second 26 is not labeled, such that there are two sub-spaces and two wiring holes).
Regarding claim 6, modified Sprague discloses wherein the second accommodation space is smaller than the first accommodation space (Fig. 10).
Regarding claim 11, Sprague discloses a glasses, wherein the glasses include:
a glasses rim (Fig. 2A/B where 204, 206, 215-217 form a rim);
a glasses temple (208 and 210), the glasses temple accommodating a control circuit or a battery (218, 220 or 230);
a rotating shaft (212 or 214 held by screws, [0137]), the rotating shaft being configured to connect the glasses rim and the glasses temple, so that the glasses rim and the glasses temple are able to relatively rotate around the rotating shaft, and the rotating shaft being disposed with a rotating shaft wiring channel along an axial direction ([0138] where the hinges accommodate wiring);
a connection wire, the connection wire passing through the rotating shaft wiring channel and extending to the glasses rim and the glasses temple (Fig. 2N-9 shows a connecting wire extending along both arms and through the rims), respectively;
a speaker ([0089]), including:
a core housing (at least Fig. 2C where a speaker is shown within a housing), including a main housing; and
a wire configured to electrically connect the earphone core with a control circuit outside the core housing (Fig. 4B shows left and right speakers connected to an MCU via wires).
Sprague does not disclose a baffle component, wherein the baffle component is located inside the main housing and connected to the main housing to divide an inner space of the main housing into a first accommodation space and a second accommodation space;
an earphone core disposed in the first accommodation space and configured to generate sounds based on an audio signal; and
wherein the wire, starting from the first accommodation space and passing through the second accommodation space, is further connected with the control circuit, and the second accommodation space is filled with sealant.
Hosaka discloses an earphone speaker comprising a baffle component (top portion of 26), wherein the baffle component is located inside the main housing and connected to the main housing to divide an inner space of the main housing into a first accommodation space and a second accommodation space (Fig. 10 where the surfaces 24 and 27 define a first accommodation space and the cylinder shape of 26 defines a second accommodation space);
an earphone core disposed in the first accommodation space and configured to generate sounds based on an audio signal (Fig. 10, 24); and
wherein the wire, starting from the first accommodation space and passing through the second accommodation space, is further connected with the control circuit, and the second accommodation space is filled with sealant (Fig. 10 where the wires pass through 26 from 24 and are sealed with a filler [0060]).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Sprague and Hosaka such that the speaker was configured to include first and second accommodation spaces and the second accommodation space being filled with sealant motivated by reducing the size of the device ([0061]).
Regarding claim 12, modified Sprague discloses wherein the core housing is further disposed with a connection hole in flow communication with an outer end surface of the core housing, and the second accommodation space is disposed near the connection hole (Fig. 10 of Hosaka shows the core within a hole and in communication with the outer housing via various connections, such as wires and supporting structures, and the accommodation space is near the connection hole).
Regarding claim 13, modified Sprague discloses wherein the main housing includes a peripheral side wall and a bottom end wall connected to one end surface of the peripheral side wall, and the peripheral side wall and the bottom end wall enclose the inner space of the main housing (Fig. 10 of Hosaka where 32-33 define walls enclosing the inner space).
Regarding claim 14, modified Sprague discloses wherein the baffle component is disposed near the connection hole and includes a side baffle with both ends connected to the peripheral side wall and a bottom baffle spaced from the bottom end wall and connected to the peripheral side wall and the side baffle, respectively; and the bottom baffle is disposed with a wiring hole (Fig. 10, where the top of 26 is connected to the left and right sides of the entire speaker structure and spaced from a bottom end that also attaches to the left and right sides to form a wiring hole).
Regarding claim 15, modified Sprague discloses wherein the baffle component includes an inner baffle configured to divide the second accommodation space into two sub-accommodation spaces and divide the wiring hole into two portions, and one of the two portions of the wiring hole is in flow communication with one of the two sub-accommodation spaces (Fig. 10 shows two baffle components, where the second 26 is not labeled, such that there are two sub-spaces and two wiring holes).
Regarding claim 16, modified Sprague discloses wherein the second accommodation space is smaller than the first accommodation space (Fig. 10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS S FISSEL whose telephone number is (313)446-6573. The examiner can normally be reached on 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached on (571) 272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAVIS S FISSEL/Primary Examiner, Art Unit 2872