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(s) 1-20 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 4, 14, 16, (and other related claims not shown herein) of U.S. Patent No. 11968489 (US Application No. 18499197). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims in the present application are covered by the scope of the claims in the patent with obvious wording variations as shown by the example in the table below.
18624059
18499197
1. An earphone, comprising: a sound production component, at least a portion of the sound production component extending into a concha cavity of a user; and an ear hook, the ear hook being disposed between an auricle and a head of the user, extending toward a side of the auricle away from the head, and connecting the sound production component, and the ear hook being configured to place the sound production component at a position near an ear canal of the user without blocking an opening of the ear canal; wherein, in a non-wearing state, the ear hook and the sound production component form a first projection on a first plane, the first projection comprising an outer contour, a first end contour, an inner contour, and a second end contour, the inner contour of the first projection, the first end contour, the second end contour, and a tangent segment connecting the first end contour and the second end contour define a third closed curve, and a ratio of a projection area of the sound production component on the first plane to a third area of the third closed curve is between 0.67 and 1.06.
12. An earphone, comprising: a sound production component, at least a portion of the sound production component covering an antihelix region of a user; and an ear hook, the ear hook being disposed between an auricle and a head of the user, extending toward a side of the auricle away from the head, and connecting the sound production component, the ear hook being configured to place the sound production component at a position near an ear canal of the user without blocking an opening of the ear canal; wherein, in a non-wearing state, a ratio of a projection area of the sound production component on a first plane to a projection area of the earphone on the first plane is in a range of 0.4 to 0.65.
1. An earphone, comprising: a sound production component, at least a portion of the sound production component extending into a concha cavity of a user; and an ear hook, the ear hook being disposed between an ear auricle and a head of the user, extending toward a side of the ear auricle away from the head, and connecting the sound production component, and the ear hook being configured to place the sound production component at a position near an ear canal of the user without blocking an opening of the ear canal; wherein, in a non-wearing state, the ear hook and the sound production component form a first projection on a first plane, the first projection comprising an outer contour, a first end contour, an inner contour, and a second end contour, the outer contour of the first projection, the first end contour of the first projection, the second end contour of the first projection, and a tangent segment connecting the first end contour and the second end contour define a first closed curve, and a ratio of a projection area of the sound production component on the first plane to a first area of the first closed curve is between 0.25 and 0.4.
4. The earphone of any one of claims 1, wherein in the non-wearing state, the inner contour, the first end contour, the second end contour, and the tangent segment connecting the first end contour and the second end contour define a third closed curve, and a ratio of the projection area of the sound production component on the first plane to a third area of the third closed curve is between 0.67 and 1.06.
14. (Original) An earphone, comprising: a sound production component, at least a portion of the sound production component covering an antihelix region of a user; and an ear hook, the ear hook being disposed between an auricle and a head of the user, extending toward a side of the auricle away from the head, and connecting the sound production component, the ear hook being configured to place the sound production component at a position near an ear canal of the user without blocking an opening of the ear canal; wherein, in a non-wearing state, the ear hook and the sound production component form a fifth projection on a first plane, the fifth projection comprising an outer contour, a first end contour, an inner contour, and a second end contour, the outer contour of the fifth projection, the first end contour of the fifth projection, the second end contour of the fifth projection, and a tangent segment connecting the first end contour and the second end contour define a fifth closed curve; and a ratio of a projection area of the sound production component on the first plane to a fifth area of the fifth closed curve is between 0.4 and 0.75.
16. (Currently Amended) The earphone of claim 14 or claim 15, wherein in the non-wearing state, a ratio of the projection area of the sound production component on the first plane to a projection area of the earphone on the first plane is in a range of 0.4 to 0.65.
Conclusion
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January 3, 2025
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694