DETAILED ACTION
1. Applicant's amendments and remarks submitted on March 2, 2026 have been entered. Claims 1, 11 and 19-20 have been amended. Claims 1-14 and 16-21 are still pending on this application, with claims 1-14 and 16-21 being rejected. All new grounds of rejection were necessitated by the amendments to claim 1. Accordingly, this action is made final.
2. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
3. Claim(s) 1-3, 7-9, 11-13 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Pub No 2012/0070022 A1 to Saiki in view of US Patent Pub No 2014/0056455 A1 to Sakaguchi et al. (“Sakaguchi”).
As to claim 1, Saiki discloses a sound output apparatus, comprising: a housing enclosing an inner cavity (see figures 1-2, 4-5, 9-11 and 13; pg. 1, ¶ 0002 - ¶ 0003), a sound outlet (sound hole 34/66, see figures 1 and 5; pg. 3, ¶ 0056 - ¶ 0057; pg. 6, ¶ 0111 - ¶ 0112), and a first air vent (path III output opening, see figures 1 and 5; pg. 4, ¶ 0067; pg. 6, ¶ 0101), wherein the inner cavity communicates with outside of the housing through both the sound outlet and the first air vent (see figures 1 and 5); a first channel and a second channel disposed on the housing, wherein the first channel communicates with the first air vent (path III, see figures 1 and 5), and the second channel communicates with the sound outlet (passage 35a/64a, see figures 1 and 5; pg. 3, ¶ 0049; pg. 6, ¶ 0113); a first speaker fastened to the inner cavity of the housing, wherein a sound-emitting side of the first speaker faces the sound outlet (first unit 20/60, see figures 1 and 5; pg. 2, ¶ 0040; pg. 6, ¶ 0110), and a rear cavity of the first speaker communicates with the first channel (see figures 1 and 5); and a second speaker fastened to the inner cavity and located on a side of the first speaker away from the sound outlet, wherein a front cavity of the second speaker communicates with the second channel (second unit 21/61, see figures 1 and 5; pg. 3, ¶ 0049, ¶ 0060; pg. 6, ¶ 0113).
Saiki discloses the housing comprising separate sections, but does not expressly disclose the housing includes a front housing and a rear housing, the rear housing includes a boss, and the first air vent is disposed on the boss of the rear housing. However such a configuration is known in the art, as taught by Sakaguchi, which discloses a similar earphone device, and further discloses the earpiece housing 103 comprises a front housing including the conductive tube 101, and a rear hollow housing coupled to the front housing and forming an internal space or cavity where the speaker is positioned, the rear housing further including an air hole 114 in a bottom or side wall of the housing for connecting the internal space with external air (see figures 1A, 2-3 and 6-7; pg. 2, ¶ 0032; pg. 3, ¶ 0044, ¶ 0046). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being as a matter of design, as Saiki already discloses variations in the housing structure of the earphone (Saiki figures 8-11 and 13), and further as the position of an air vent hole in the housing is not particularly limited, as long as an air vent is provided connecting the internal space to external air and it is not covered when the earphone is worn (Sakaguchi pg. 3, ¶ 0046).
As to claim 2, Saiki in view of Sakaguchi further discloses further comprising: a first support mounted in the inner cavity of the housing, wherein the first channel is disposed on the first support; and the first speaker is fastened to the first support (Saiki frame 31/62 forming passages and holding first unit 20/60, see figures 1 and 5; pg. 3, ¶ 0048; pg. 6, ¶ 0110 - ¶ 0111), wherein the first speaker and the first support enclose a first cavity that is a part of the rear cavity of the first speaker (Saiki rear cavity with path III, see figures 1 and 5).
As to claim 3, Saiki in view of Sakaguchi further discloses wherein the second channel is disposed on the first support (Saiki passage 35a/64a, see figures 1 and 5-6); and the second speaker is fastened to the first support, the second speaker and the first support enclose a second cavity separated from the first cavity, and the second cavity is a part of the front cavity of the second speaker (Saiki second chamber or chamber 69 formed by frame 31/62 and second unit 21/61, see figures 1 and 5; pg. 3, ¶ 0049; pg. 6, ¶ 0113).
As to claim 7, Saiki in view of Sakaguchi further discloses further comprising: a first mesh, wherein the first mesh covers the first air vent and the first channel (Sakaguchi figures 1A, 2-3 and 6; pg. 3, ¶ 0045). In addition, the specific positioning of the mesh being fastened between the housing and the first support is further considered obvious given the teachings of Saiki in view of Sakaguchi, as it has been held that the rearrangement of parts involves only routine skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, such a configuration can depend on various factors such as the size and shape of the housing components and the vents or channels, as long as the mesh covers the first air vent and the first channel and provides acoustic or frequency characteristic adjustments suitable for the earphone, as already taught by Saiki in view of Sakaguchi (Sakaguchi pg. 1, ¶ 0008).
As to claim 8, Saiki in view of Sakaguchi does not expressly disclose wherein the first support and a housing of the first speaker are in an integrally formed structure. However such a configuration is considered obvious given the teachings of Saiki in view of Sakaguchi, and further as it has been held that the use of a one piece or integral construction for a structure shown as separate in the prior art involves only routine skill in the art. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). In this case, forming the speaker housing and the support frame as integrally formed is considered obvious, as such elements are taught by Saiki in view of Sakaguchi as being coupled together (Saiki figures 1 and 5), therefore forming them in an integral manner would be considered obvious in order to simplify the structure of the sound output apparatus by providing a structure that can function as both the support and the speaker housing.
As to claim 9, Saiki in view of Sakaguchi further discloses further comprising: a second support wherein a second support channel is disposed on the second support, wherein the second support channel communicates with the sound outlet; and the second support fastens the first speaker, wherein the second support channel is a part of a front cavity of the first speaker (Saiki structure forming chamber 68 and separate paths I and II for sound hole 66, see figure 5; pg. 6, ¶ 0112).
As to claim 11, Saiki in view of Sakaguchi further discloses wherein the housing is further provided with a second air vent spaced from the first air vent and the sound outlet, and the inner cavity of the housing communicates with the outside of the housing through the second air vent (Saiki path IV, see figures 1, 5 and 9); the sound output apparatus further comprises a third support, and a third channel is disposed on the third support; and the third support fastens the second speaker (Saiki frame 32/63, see figures 1 and 5), the third support and the second speaker enclose a third cavity, the third cavity is a part of a rear cavity of the second speaker, and the third cavity communicates with the second air vent through the third support channel (Saiki rear cavity with path IV, see figures 1, 5 and 9).
As to claim 12, Saiki in view of Sakaguchi further discloses further comprising: a third support wherein a third support channel is disposed on the third support, wherein the third support fastens the second speaker, the third support and the second speaker enclose a third cavity, the third cavity is a part of a rear cavity of the second speaker (Saiki frame 32/63 and path IV, figures 1, 5 and 9), but does not expressly disclose the third support channel communicates with the first air vent and the third support channel communicates with the first channel through the third cavity. However Saiki in view of Sakaguchi discloses embodiments where the rear cavity paths from first and second speakers are combined to be output via a single vent (Saiki figure 2; pg. 5, ¶ 0084). The proposed modification is therefore considered obvious given the teachings of Saiki in view of Sakaguchi, the motivation being as a matter of design, depending on the number of housing structure elements, available space or surface area, and the positioning of the first and second speakers within the earpiece, and further to provide a single opening for outputting first and second rear cavity sounds (Saiki pg. 5, ¶ 0084).
As to claim 13, Saiki in view of Sakaguchi does not expressly disclose further comprising: a fourth mesh, wherein the fourth mesh is fastened between the first support and the third support, and covers an opening that is of the first channel and through which the first channel communicates with the third cavity. However Saiki in view of Sakaguchi discloses the use of mesh structures for covering various vents and channels (Sakaguchi figures 1A, 2-3 and 6; pg. 3, ¶ 0045). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being as a matter of design, to provide a filtering element that can provide acoustic adjustments suitable for the earphone as necessary (Sakaguchi pg. 1, ¶ 0008). In addition, the specific positioning of the mesh as being fastened between the first support and the third support is considered obvious given the teachings of Saiki in view of Sakaguchi, and further as it has been held that the rearrangement of parts involves only routine skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, such a configuration can depend on various factors such as the size and shape of the housing components and the vents or channels, as long as the mesh covers the desired vent or channel and provides acoustic or frequency characteristic adjustments suitable for the earphone, as already taught by Saiki in view of Sakaguchi (Sakaguchi pg. 1, ¶ 0008).
As to claim 21, Saiki in view of Sakaguchi further discloses further comprising: a first mesh, wherein the first mesh covers the first air vent and the first channel (Sakaguchi figures 1A, 2-3 and 6; pg. 3, ¶ 0045). In addition, the specific positioning of the mesh being fastened between the housing and the first support is further considered obvious given the teachings of Saiki in view of Sakaguchi, as it has been held that the rearrangement of parts involves only routine skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, such a configuration can depend on various factors such as the size and shape of the housing components and the vents or channels, as long as the mesh covers the first air vent and the first channel and provides acoustic or frequency characteristic adjustments suitable for the earphone, as already taught by Saiki in view of Sakaguchi (Sakaguchi pg. 1, ¶ 0008).
4. Claim(s) 4-5, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saiki in view of Sakaguchi, and further in view of Chinese Application CN 112788469 A to Feng.
As to claims 4 and 16-17, Saiki in view of Sakaguchi discloses the sound output apparatus according to claims 1-3.
Saiki in view of Sakaguchi does not disclose wherein the first speaker is a micro-electro-mechanical systems speaker and the second speaker is a moving-coil speaker. However such a configuration is known in the art, as taught by Feng, which discloses a similar sound apparatus, and further discloses the use of a MEMS speaker device and a moving coil speaker device (see figures 1-4; pg. 20, ¶ 0052 of the English translation). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being as a matter of design, as MEMS and moving coil speakers are well-known in the art of ear worn sound output devices, and further as such a combination can provide a high-fidelity acoustic performance (Feng pg. 20, ¶ 0051).
As to claim 5, Saiki in view of Sakaguchi and Feng further discloses wherein operating frequency bands of the first speaker and the second speaker are in a range of 20 Hz to 20 kHz (Feng figures 8-9; pg. 10, ¶ 0030; pg. 12, ¶ 0033).
5. Claim(s) 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saiki in view of Sakaguchi, and further in view of US Patent Pub No 2023/0141100 A1 to Farver.
As to claims 6 and 18, Saiki in view of Sakaguchi discloses the sound output apparatus according to claims 2-3.
Saiki does not disclose further comprising: a feedforward reference microphone fastened to the first support, wherein the feedforward reference microphone is configured to capture noise in an external environment of the sound output apparatus; and a signal processing circuit located in the inner cavity of the housing, wherein the signal processing circuit is configured to receive the noise captured by the feedforward reference microphone and perform signal processing on the noise to convert a phase of the noise into an opposite phase, and the signal processing circuit is further configured to transmit opposite-phase noise to the first speaker or the second speaker, so that the first speaker or the second speaker emits a opposite-phase sound wave.
Farver discloses a similar apparatus, and further discloses the use of microphones for capturing noise from the external environment (see figures 1, 3a-4; pg. 12, ¶ 0202), and a signal processor within the earpiece configured to receive the recorded signal and provide a noise control signal that is then provided to the speaker for output, the noise control signal comprising an inverted phase signal (see pg. 1, ¶ 0013; pg. 12, ¶ 0202 - ¶ 0203).
Saiki in view of Sakaguchi and Farver are analogous art because they are drawn to sound output devices.
It would have been an obvious choice before the effective filing date of the claimed invention to incorporate the microphone and signal processing circuit as taught by Farver in the apparatus as taught by Saiki in view of Sakaguchi. The motivation being to provide a noise cancelling function to the apparatus by enabling the capture of external noise and generating a noise cancelling signal in response (Farver pg. 12, ¶ 0202 - ¶ 0203). In addition, the specific positioning of the microphone as fastened to the first support is further considered obvious given the teachings of Saiki in view of Sakaguchi and Farver, as Farver teaches variations in the positioning of the microphone within the housing (see figures 3a-4), as long as the microphone can capture noise from the external environment, as already taught by Saiki in view of Sakaguchi and Farver (Farver pg. 12, ¶ 0202 - ¶ 0203; pg. 13, ¶ 0211 - ¶ 0212).
6. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saiki in view of Sakaguchi, and further in view of Chinese Application CN 106028195 A1 to Zhang.
As to claim 10, Saiki in view of Sakaguchi discloses the sound output apparatus according to claim 9.
Saiki in view of Sakaguchi does not disclose wherein the second support comprises a fastening part and an extending part, the fastening part comprises a first surface and a second surface that are disposed opposite to each other, wherein the extending part is fastened to the first surface, a first opening of the second support channel is located on the second surface of the fastening part, and a second opening of the second support channel is located on a surface of the extending part away from the fastening part; and the first speaker is fastened to the second surface of the fastening part.
Zhang discloses a similar sound apparatus, and further discloses a similar support structure that creates separate paths for front sound output, the structure comprising an extending front guide tube 2 and a fastening bracket 3 for fixing driver unit 4 and providing a channel between the driver unit and the other end of the guide tube (see figure 1; pgs. 7-8, ¶ 0026 - ¶ 0027 and ¶ 0029 of the English translation).
Saiki in view of Sakaguchi and Zhang are analogous art because they are drawn to sound output devices.
It would have been an obvious choice before the effective filing date of the claimed invention to incorporate the structure as taught by Zhang in the apparatus as taught by Saiki in view of Sakaguchi. The motivation being as a matter of design, depending on the size and shape of the housing, the speakers, and fastening elements, as long as the first speaker can be secured and a separate front volume channel can be provided to output sound from the first speaker (Zhang figure 1; pgs. 7-8, ¶ 0026 - ¶ 0027 and ¶ 0029).
7. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saiki in view of Sakaguchi, and further in view of US Patent Pub No 2016/0094904 A1 to Yuen.
As to claim 14, Saiki in view of Sakaguchi discloses the sound output apparatus according to claim 2.
Saiki in view of Sakaguchi does not disclose wherein the housing is provided with a third air vent, the third air vent is spaced from the sound outlet and the first air vent, and the inner cavity of the housing communicates with the outside of the housing through the third air vent; and an air discharge channel is further disposed on the first support, the air discharge channel is spaced from the first channel and the first cavity, and the front cavity of the second speaker communicates with the third air vent through the air discharge channel. However the use of a third vent coupled to discharge air from a front cavity of a speaker is known in the art, as taught by Yuen, which discloses a similar sound output apparatus, and further discloses the device having a vent through hole 5.3 that is spaced from the sound outlet and communicates with the front cavity of the speaker for discharging air (see figure 7; pg. 1, ¶ 0006). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide an air discharge channel that can provide a pressure release, as well as provide acoustic adjustments as needed or desired (Yuen pg. 1, ¶ 0003 - ¶ 0004, ¶ 0017).
8. Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saiki in view of Sakaguchi and Feng, and further in view of Farver.
As to claims 19-20, Saiki in view of Sakaguchi and Feng discloses sound output apparatus according to claims 4-5.
Saiki in view of Sakaguchi and Feng does not disclose further comprising: a feedforward reference microphone fastened to a first support, therein the feedforward reference microphone is configured to capture noise in an external environment of the sound output apparatus; and a signal processing circuit located in the inner cavity of the housing, wherein the signal processing circuit is configured to receive the noise captured by the feedforward reference microphone and perform signal processing on the noise to convert a phase of the noise into an opposite phase, and the signal processing circuit is further configured to transmit opposite-phase noise to the first speaker or the second speaker, so that the first speaker or the second speaker emits a opposite-phase sound wave.
Farver discloses a similar apparatus, and further discloses the use of microphones for capturing noise from the external environment (see figures 1, 3a-4; pg. 12, ¶ 0202), and a signal processor within the earpiece configured to receive the recorded signal and provide a noise control signal that is then provided to the speaker for output, the noise control signal comprising an inverted phase signal (see pg. 1, ¶ 0013; pg. 12, ¶ 0202 - ¶ 0203).
It would have been an obvious choice before the effective filing date of the claimed invention to incorporate the microphone and signal processing circuit as taught by Farver in the apparatus as taught by Saiki in view of Sakaguchi and Feng. The motivation being to provide a noise cancelling function to the apparatus by enabling the capture of external noise and generating a noise cancelling signal in response (Farver pg. 12, ¶ 0202 - ¶ 0203). In addition, the specific positioning of the microphone as fastened to the first support is further considered obvious given the combined teachings of the applied art, particularly as Farver teaches variations in the positioning of the microphone within the housing (see figures 3a-4), as long as the microphone can capture noise from the external environment (Farver pg. 12, ¶ 0202 - ¶ 0203; pg. 13, ¶ 0211 - ¶ 0212).
Response to Arguments
9. Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
10. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABRINA DIAZ whose telephone number is (571)272-1621. The examiner can normally be reached Monday-Friday 9am-5pm.
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/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693
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