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 .
Response to Arguments
Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive.
With regards to applicant’s argument that the Earphone reference does not disclose where the second sound path direction is different and perpendicular from the first sound path direction; the examiner maintains. Earphone taches an earphone device with multiple sound paths, where one sound path is a cylindrical sound path (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20) and another sound path is a spiral sound path surrounding the cylindrical sound path (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20), wherein the spiral sound path is different from the cylindrical sound path. According to google AI, sound moving in a cylindrical path behaves differently than sound moving in a spiral path. Sound in a cylindrical path moves straight forward along a single axis, while sound in a spiral path is such that its fundamental dynamics change in perpendicular directions. As such, sound in a cylindrical path is generally perpendicular to sound in a spiral path.
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, 4-5, 8-14 & 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Earphone, JP 4681698 B1.
Re Claim 1, Earphone discloses a sound pressure control device comprising: a sound pressure control unit that includes a first path and a second path (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20), wherein the first path is in a cylindrical shape in a first direction that differs from a second direction in which sound infiltrates (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20), and the second path is in a spiral shape around an outer periphery of the first path (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20).
Re Claim 2, Earphone discloses the sound pressure control device according to claim 1, wherein a traveling direction of the sound that passes through the first path is substantially perpendicular to the second direction in which the sound infiltrates (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20).
Re Claim 4, Earphone discloses the sound pressure control device according to claim 1, wherein the sound pressure control unit has elasticity (DESCRIPTION-OF-EMBODIMENTS section: lines 31-38: device can be made up of elastic materials such as soft plastic and/or rubber).
Re Claim 5, Earphone discloses the sound pressure control device according to claim 1, wherein the first path is in a circular cylindrical shape (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20).
Re Claim 8, Earphone discloses the sound pressure control device according to claim 1, further comprising an infiltrating portion configured to prompt infiltration of the sound (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20).
Re Claim 9, Earphone discloses the sound pressure control device according to claim 8, wherein the infiltrating portion is within a vicinity of opening portions of the first path and the second path (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20).
Re Claim 10, Earphone discloses the sound pressure control device according to claim 8, further comprising a plurality of infiltrating portions including infiltrating portion (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes with sound infiltrating through the openings of the sound guides; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20).
Re Claim 11, Earphone discloses the sound pressure control device according to claim 1, wherein a length of the sound pressure control unit in the second direction, which is perpendicular to the first direction in which the sound passes through the first path is less than or equal to 185 mm (DESCRIPTION-OF-EMBODIMENTS section: lines 167-172: the dimensions of the sound guides are all less than 185 mm and/or 220m).
Claim 12 has been analyzed and rejected according to claim 11.
Re Claim 13, Earphone discloses the sound pressure control device according to claim 1, further comprising a shape control unit configured to change a shape of the sound pressure control unit based on the infiltration of the sound (DESCRIPTION-OF-EMBODIMENTS section: lines 31-38: shapes of the sound guide will slightly be manipulated as a result of sound infiltration which will cause movement of the coil and the magnets).
Re Claim 14, Earphone discloses the sound pressure control device according to claim 13, wherein the shape control unit includes a magnet and a coil (DESCRIPTION-OF-EMBODIMENTS section: lines 31-38: shapes of the sound guide will slightly be manipulated as a result of sound infiltration which will cause movement of the coil and the magnets).
Claims 16-17 have been analyzed and rejected according to claim 1.
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.
Claims 3, 6-7 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Earphone, JP 4681698 B1.
Re Claim 3, Earphone discloses the sound pressure control device according to claim 1, but fails to explicitly disclose further comprising a plurality of second paths including the second path. Since Earphone already discloses a plurality of sound guide channels with different shapes (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20), it would have been obvious to modify the Earphone reference such that its second sound guide channel includes multiple spiral shaped sound guide channels since double spiral sound guide channels are designed for sound absorption.
Re Claim 6, Earphone discloses the sound pressure control device according to claim 1, but fails to explicitly disclose wherein the first path is in a rectangular cylindrical shape. Since the Earphone reference discloses where the first sound path is a circular cylindrical shape (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20), it would have been obvious for one of ordinary skill to also utilize a rectangular cylindrical shape for the purpose of a more seamless fit and/or different look.
Re Claim 7, Earphone discloses the sound pressure control device according to claim 1, but fails to explicitly disclose wherein the first path is in a spiral shape. Since Earphone already discloses a plurality of sound guide channels with different shapes (figs. 11B-11C: hole 43 of second cylindrical (circular) member 42 is the first sound guide tube with a spiral groove 44 as a second sound guide tube formed on the outer peripheral surface of the second cylindrical member 42, wherein the first cylindrical sound guide tube and the second spiral sound guide tube will naturally have different directions (where the sound guide tube’s sound paths are almost perpendicular to each other) as a result of the different shapes; DESCRIPTION-OF-EMBODIMENTS section: lines 39-45 Claims section: lines 14-20), it would have been obvious to modify the Earphone reference such that its first sound guide channel is also a spiral shape just like the second sound guide channel since double spiral sound guide channels are designed for sound absorption.
Re Claim 15, Earphone discloses the sound pressure control device according to claim 1, but fails to explicitly disclose further comprising a detecting unit configured to detect sound pressure of the sound that passes through the second path. Since Earphone discloses its system is able to obtain manipulate sound pressure (DESCRIPTION-OF-EMBODIMENTS section: lines 2-8), it would have been obvious to modify Earphone to include sound pressure detection capabilities for the purpose of knowing where the sound pressure is as any given time to better obtain the ideal sound pressure.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C MONIKANG whose telephone number is (571)270-1190. The examiner can normally be reached Mon. - Fri., 9AM-5PM, ALT. Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R Edwards can be reached at 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 07/15/2026
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