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 § 102
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.
Claim(s) 1-5, 10-13, 17-18 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Pub No 2023/0061686 A1 to Wolfl.
As to claim 1, Wolfl discloses an acoustic output device, comprising: a loudspeaker configured to convert an audio signal into a sound signal (loudspeaker 20, see figures 6-10; pg. 4, ¶ 0053; pg. 15, ¶ 0110); a housing configured to carry the loudspeaker and include an outlet hole in acoustic communication with the loudspeaker (body 40 with nozzle 41, see figures 6-10; pg. 4, ¶ 0053); and a fixing mechanism configured to support the housing such that the outlet hole is placed near an ear of a user and the housing does not block an earhole of the user (neckband 52 with ear-hook 51, see figures 9 and 12-13; pg. 5, ¶ 0055), wherein on a sagittal plane, a projection of the outlet hole is within a target region with a projection of the earhole of the user as a center and a radius of 20 mm (outlet hole aligned with earhole, see figures 8-10; pg. 5, ¶ 0055 - ¶ 0056).
As to claim 2, Wolfl further discloses wherein the housing includes a contact surface configured to contact a face of the user when the user wears the acoustic output device (see figures 9-10 and 13; pg. 5, ¶ 0055 - ¶ 0056).
As to claim 3, Wolfl further discloses wherein a ratio of an area of a portion of the contact surface that is in contact with the face of the user to a total area of the contact surface is within a range of 0.05 to 1 (contact surface nearly fully in contact with user, see figure 10; pg. 5, ¶ 0056).
As to claim 4, Wolfl further discloses wherein the contact surface includes a recessed portion, and the recessed portion is configured such that at least a portion of the housing bypasses a tragus of the user such that the projection of the outlet hole is within the target region (recessed tragus alignment section 44 forming tragus gap 43, see figures 10 and 16-17; pg. 4, ¶ 0053; pg. 7, ¶ 0066 - ¶ 0067).
As to claim 5, Wolfl further discloses wherein the recessed portion includes a chamfer structure or an arc structure (curved section 44, see figures 10 and 16-17).
As to claim 10, Wolfl further discloses wherein the housing includes a body and a sound guide tube, a projection of the body on the sagittal plane is outside a projection of an auricle of the user on the sagittal plane, the loudspeaker is disposed within the body, and the outlet hole is in acoustic communication with the loudspeaker through the sound guide tube (body 40 with nozzle 41, see figures 6-10; pg. 4, ¶ 0053).
As to claim 11, Wolfl further discloses wherein the sound guide tube is configured to bypass a tragus of the user such that the outlet hole is within the target region (see figure 10).
As to claim 12, Wolfl further discloses wherein a length of the sound guide tube is within a range of 1 mm to 30 mm (sound canal length between 5 mm and 20 mm, see figure 21B; pg. 9, ¶ 0078).
As to claim 13, Wolfl further discloses wherein a minimum cross-sectional area of the sound guide tube is greater than 2 mm2 (see pg. 8, ¶ 0073).
As to claim 17, Wolfl further discloses wherein the outlet hole faces the earhole of the user (see figure 10; pg. 5, ¶ 0055).
As to claim 18, Wolfl further discloses wherein the outlet hole faces a concha cavity of the user (see figures 8-10; pg. 5, ¶ 0055; pg. 7, ¶ 0066).
As to claim 20, Wolfl discloses an acoustic output device, comprising: a loudspeaker configured to convert an audio signal into a sound signal (loudspeaker 20, see figures 6-10; pg. 4, ¶ 0053; pg. 15, ¶ 0110); a housing configured to carry the loudspeaker and include an outlet hole in acoustic communication with the loudspeaker (body 40 with nozzle 41, see figures 6-10; pg. 4, ¶ 0053); and a fixing mechanism configured to support the housing such that the outlet hole is placed near an ear of a user and the housing does not block an earhole of the user (neckband 52 with ear-hook 51, see figures 9 and 12-13; pg. 5, ¶ 0055), wherein at least a portion of the housing bypasses a tragus of the user and includes the outlet hole (see figures 8-10; pg. 5, ¶ 0055 - ¶ 0056).
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) 6-9, 14-15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wolfl.
As to claim 6, Wolfl discloses the acoustic output device of claim 5.
Wolfl does not expressly disclose wherein an arc degree corresponding to the chamfer structure or the arc structure is within a range of 80° to 120°. However Wolfl teaches the size and shape of the tragus alignment portion can be adapted to provide a better fit for the user (see figures 10-11 and 16-17; pgs. 7-8, ¶ 0067 - ¶ 0069). The proposed arc degree being within a range of 80° to 120° is therefore considered obvious given the teachings of Wolfl, and further as it has been held that changes in shape are a matter of design and within the level of ordinary skill in the art. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). In this case, providing the curved housing portion with an arc degree within a range of 80° to 120° in particular can depend on various factors such as the size and shape of the housing, as well as the tragus of the user, as long as the housing is configured in such a way to accommodate the tragus and provide a good fit, as already taught Wolfl (see pg. 8, ¶ 0068 - ¶ 0069).
As to claim 7, Wolfl does not expressly disclose wherein a width of the recessed portion along a sagittal axis direction is greater than 7 mm. However Wolfl teaches the size and shape of the tragus alignment portion can be adapted to provide a better fit for the user (see figures 10-11 and 16-17; pgs. 7-8, ¶ 0067 - ¶ 0069). The proposed width of the recessed portion along a sagittal axis direction being greater than 7 mm is therefore considered obvious given the teachings of Wolfl, and further as it has been held that changes in shape and relative dimensions are a matter of design and within the level of ordinary skill in the art. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) and Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In this case, such a configuration can depend on various factors such as the size and shape of the housing, as well as the tragus of the user, as long as the housing is configured in such a way to accommodate the tragus and provide a good fit, as already taught Wolfl (see pg. 8, ¶ 0068 - ¶ 0069).
As to claim 8, Wolfl does not expressly disclose wherein a depth of the recessed portion along a coronal axis direction is greater than 4.4 mm. However Wolfl teaches the size and shape of the tragus alignment portion can be adapted to provide a better fit for the user (see figures 10-11 and 16-17; pgs. 7-8, ¶ 0067 - ¶ 0069). The proposed depth of the recessed portion along a coronal axis direction being greater than 4.4 mm is therefore considered obvious given the teachings of Wolfl, and further as it has been held that changes in shape and relative dimensions are a matter of design and within the level of ordinary skill in the art. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) and Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In this case, such a configuration can depend on various factors such as the size and shape of the housing, as well as the tragus of the user, as long as the housing is configured in such a way to accommodate the tragus and provide a good fit, as already taught Wolfl (see pgs. 8, ¶ 0068 - ¶ 0069).
As to claim 9, Wolfl does not expressly disclose wherein when the user wears the acoustic output device, a pressure of the contact surface on a tragus of the user is within a range of 0 to 2 kPa. However it does disclose minimal clamping force for the device when worn (see figure 10; pg. 5, ¶ 0056; pg. 6, ¶ 0059). Configuring a pressure of the contact surface on a tragus of the user as being within a range of 0 to 2 kPa is therefore considered obvious given the teachings of Wolfl, the motivation being to provide minimal pressure on the tragus when the device is being worn, particularly the extreme lateral portion of the tragus, thereby improving long-term wearing comfort (see pg. 6, ¶ 0059).
As to claim 14, Wolfl does not expressly disclose wherein a vibration direction of the loudspeaker is parallel to an orientation of the outlet hole. However such a configuration is considered obvious before the effective filing date of the claimed invention, as it has been held that rearranging parts involves only routine skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, configuring a vibration direction of the loudspeaker as parallel to an orientation of the outlet hole can depend on various factors, including the size and shape of the loudspeaker, as well as the size, shape, and available space within the housing, and the overall design of the acoustic output device, as long as the loudspeaker can produce sound that can be output via the outlet hole, as already taught by Wolfl.
As to claim 15, Wolfl does not expressly disclose wherein a vibration direction of the loudspeaker is perpendicular to an orientation of the outlet hole. However such a configuration is considered obvious before the effective filing date of the claimed invention, as it has been held that rearranging parts involves only routine skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, configuring a vibration direction of the loudspeaker as perpendicular to an orientation of the outlet hole can depend on various factors, including the size and shape of the loudspeaker, as well as the size, shape, and available space within the housing, and the overall design of the acoustic output device, as long as the loudspeaker can produce sound that can be output via the outlet hole, as already taught by Wolfl.
As to claim 19, Wolfl does not expressly disclose wherein, on the sagittal plane, an angle between a line connecting the projection of the outlet hole and the projection of the earhole and a negative direction of a sagittal axis is within a range of 60° to 90°. However such a configuration is considered an obvious variation given the teachings of Wolfl, and further as it has been held that changes in shape and relative dimensions are a matter of design and within the level of ordinary skill in the art. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) and Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In this case, providing an angle between a line connecting the projection of the outlet hole and the projection of the earhole on the sagittal plane and a negative direction of a sagittal axis as being within a range of 60° to 90° in particular can depend on various factors such as the size and shape of the housing and outlet hole, as well as the size and shape of the user’s ear, as long as the housing is configured in such a way to provide sound towards the concha or the earhole, as already taught Wolfl (see figures 8-10; pg. 5, ¶ 0055; pg. 7, ¶ 0066).
6. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wolfl in view of US Patent Pub No 2021/0168483 A1 to Zhang et al. (“Zhang”).
As to claim 16, Wolfl discloses the acoustic output device of claim 1.
Wolfl does not expressly disclose further comprising: a power supply assembly configured to provide electrical power to the acoustic output device; and a circuit board configured to connect two or more components of the acoustic output device, wherein projections of the power supply assembly and the circuit board on the sagittal plane are outside a projection of an auricle of the user on the sagittal plane. However such components are known in the art of acoustic output devices, as taught by Zhang, which discloses a similar device, and further discloses the device comprising a battery and circuit board configured to be housed away from the user’s auricle (see figure 1; pg. 1, ¶ 0004; pg. 4, ¶ 0063 - ¶ 0064). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide the electrical components necessary to power and drive the acoustic device to generate sound (Zhang pg. 4, ¶ 0064).
Conclusion
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/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693