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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al, US Patent Pub. 20220386021 A1.
Re Claim 1, Zhang et al discloses audio headphones configured to be worn on a user's head and having a plurality of speakers proximate to or in one or both of the user's ears (figs. 2A-2B; para 0067: earphone with left and right earphone core housings 20 and earphone cores 50, where earphones are mounted on the head of a wearer; para 0150: headphone/earphone where both an air conduction speaker and a bone conduction speaker are mounted in each left and right earphone core housings 20/earphone cores 50 as illustrated in (fig. 6, para 0103); wherein the left and right earphone core housings 20/earphone cores 50 are proximate to the left and right ears), the audio headphones comprising: at least one bone conduction speaker configured to be placed adjacently proximate one of the user's ears (figs. 2A-2B; para 0067: earphone with left and right earphone core housings 20 and earphone cores 50, where earphones are mounted on the head of a wearer; para 0150: headphone/earphone where both an air conduction speaker and a bone conduction speaker are mounted in each left and right earphone core housings 20/earphone cores 50 as illustrated in (fig. 6, para 0103); wherein the left and right earphone core housings 20/earphone cores 50 are proximate to the left and right ears), the at least one bone conduction speaker further configured to convey audio in a first frequency range to bones adjacent to the one of the user's ears (para 0150: bone conduction speaker and air conduction speakers produce sounds at different frequency ranges); and a least one air conduction speaker configured to be placed in the one of the user's ears (figs. 2A-2B; para 0067: earphone with left and right earphone core housings 20 and earphone cores 50, where earphones are mounted on the head of a wearer; para 0150: headphone/earphone where both an air conduction speaker and a bone conduction speaker are mounted in each left and right earphone core housings 20/earphone cores 50 as illustrated in (fig. 6, para 0103); wherein the left and right earphone core housings 20/earphone cores 50 are proximate to the left and right ears), the at least one air conduction speaker further configured to convey audio in a second frequency range to the one of the user's ears (para 0150: bone conduction speaker and air conduction speakers produce sounds at different frequency ranges).
Re Claim 2, Zhang et al discloses the audio headphones in accordance with claim 1, wherein the first frequency range and the second frequency range are different (para 0150: bone conduction speaker and air conduction speakers produce sounds at different frequency ranges).
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 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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al, US Patent Pub. 20220386021 A1 as applied to claim 1 above, in view of Redfield et al, US Patent 10112029 B2.
Re Claim 3, Zhang et al discloses the audio headphones in accordance with claim 1, but fails to explicitly disclose wherein the at least one bone conduction speaker includes two bone conduction speakers, and wherein each of the two bone conduction speakers is configured to convey audio in different portions of the first frequency range. Redfield et al discloses a headphone device where each earcup of the earphone includes a plurality of bone conduction speaker drivers (Redfield et al, col. 13, lines 16-47: bone conduction transducers 118 where a plurality of bone conduction transducers 118 within an earcup of the headphone are illustrated in figs. 8-9). Since Zhang et al discloses there being a plurality of frequency ranges within each frequency range of the bone conduction speaker and air conduction speaker (Zhang et al, para 0074), it would have been obvious to modify the Zhang et al device such that it incorporates a plurality of bone conduction transducers within each earphone core housings 20/earphone core 50 as taught in Redfield et al such that the plurality of bone conduction transducers can output different frequency ranges within its designated mid/high frequency range so that a single bone conduction speaker is not overworked.
Re Claim 4, the combined teachings of Zhang et al and Redfield et al disclose the audio headphones in accordance with claim 3, wherein the different portions of the first frequency range are separate (Zhang et al, para 0074: plurality of frequency ranges within low and mid/high frequency ranges).
Claims 5, 7 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al, US Patent Pub. 20220386021 A1, in view of Bullen et al, US Patent Pub. 20170223445 A1.
Claim 5 has been analyzed and rejected according to claim 1; but fails to disclose the housing having rechargeable battery. However, Bullen et al discloses an earphone/headphone device that includes a rechargeable battery (Bullen et al, para 0056). Since Zhang et al discloses its housing includes a battery (Zhang et al, para 0065), it would have been obvious to modify the battery of Zhang et al to be rechargeable batteries as taught in Bullen et al for the purpose of being able to recharge the batteries.
Re Claim 7, the combined teachings of Zhang et al and Bullen et al disclose the audio headphones in accordance with claim 5, wherein the first frequency range and the second frequency range are different (Zhang et al, para 0150: bone conduction speaker and air conduction speakers produce sounds at different frequency ranges).
Claim 10 has been analyzed and rejected according to claim 5.
Claims 6, 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al, US Patent Pub. 20220386021 A1, and Bullen et al, US Patent Pub. 20170223445 A1 as applied to claim 5 above, in view of Redfield et al, US Patent 10112029 B2.
Re Claim 6, the combined teachings of Zhang et al and Bullen et al disclose the audio headphones in accordance with claim 5, but fail to explicitly disclose further comprising one or more light emitting diodes on the housing and connected with the rechargeable battery. Redfield et al discloses a headphone device that includes bone conduction speakers and an air conduction speaker along with light emitting diodes (Redfield et al, fig. 8: 180; col. 13, lines 56-61). It would have been obvious to incorporate light emitting devices as taught in Redfield et al within the headphone of Zhang et al for the purpose of making the headphones illuminate in dark environments.
Re Claim 8, the combined teachings of Zhang et al and Bullen et al disclose the audio headphones in accordance with claim 5, but fail to explicitly disclose wherein the at least one bone conduction speaker includes two bone conduction speakers, and wherein each of the two bone conduction speakers is configured to convey audio in different portions of the first frequency range. Redfield et al discloses a headphone device where each earcup of the earphone includes a plurality of bone conduction speaker drivers (Redfield et al, col. 13, lines 16-47: bone conduction transducers 118 where a plurality of bone conduction transducers 118 within an earcup of the headphone are illustrated in figs. 8-9). Since Zhang et al discloses there being a plurality of frequency ranges within each frequency range of the bone conduction speaker and air conduction speaker (Zhang et al, para 0074), it would have been obvious to modify the Zhang et al device such that it incorporates a plurality of bone conduction transducers within each earphone core housings 20/earphone core 50 as taught in Redfield et al such that the plurality of bone conduction transducers can output different frequency ranges within its designated mid/high frequency range so that a single bone conduction speaker is not overworked.
Re Claim 9, the combined teachings of Zhang et al, Bullen et al and Redfield et al disclose the audio headphones in accordance with claim 8, wherein the different portions of the first frequency range are separate (Zhang et al, para 0074: plurality of frequency ranges within low and mid/high frequency ranges).
Contact
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 12/05/2025
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692