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 .
Election/Restrictions
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/01/2026.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a heating element” in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Applicant’s disclosure does not contain a structure for the heating element.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 10 discloses a “heat emitting element”, but applicant’s disclosure does not contain a description of said heating element.
Claims 11 and 12 are rejected due to dependence.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 8 recites the limitation "third temperature sensor" in line 1. . As claim 8 depends on claims 7 and 1, which recite a first temperature sensor but not a second temperature sensor, there is there is insufficient antecedent basis for a “third” temperature sensor.
Claims 9-12 are rejected due to dependency.
Claims 10-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitation “heat emitting element” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Dependent claims 11 and 12 are further rejected. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Additionally, it is unclear the purpose of the disclosed “heat emitting element in the context of the claimed invention. Applicant’s specification states [0015] : “A heat emitting element is usually disposed in the earphone.”. However, a heat emitting element is not a common feature of headphones or similar devices. As the specification further states in paras [0015] and [0026] that the purpose of the fourth temperature sensor is to reduce the impact of the heat emitting element and does not factor into determination of body temperature in other ways, it is unclear why the heat emitting element is required by the device.
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 and 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vodysound Technology Sichuan Co ltd (CN210327920U), hereinafter Vodysound.
Regarding claim 1, Vodysound discloses an earphone, comprising an earbud and a first temperature sensor ([0007]: " semi-in-ear headphone, including a headphone body and a temperature detection device. "), wherein the earbud comprises an earbud housing ([0007]: “headphone body”) and a sound outlet hole (Fig 4 element 111), the earbud housing has first accommodating space, the sound outlet hole is disposed on the earbud housing ([0012]: “and an accommodating cavity with an opening is formed inside the housing.”), and the sound outlet hole connects the first accommodating space and external space of the earphone (Fig 4 element 111, [0012]: “The opening is a first sound outlet”); and the first temperature sensor is located in the first accommodating space ([0014]: ", the earphone body includes a support body, which is securely placed within a receiving cavity, and a temperature sensor is connected to the support body."), the first temperature sensor is disposed on an outer side of a hole channel of the sound outlet hole (Fig 4 element 31), and the first temperature sensor is in thermally conductive contact with the sound outlet hole through a sound outlet net ([0012]: "The through hole communicates with the accommodating cavity so that the temperature detection device can monitor the body temperature signal of the human body.").
Regarding claim 7, Vodysound discloses wherein the earphone further comprises an earphone handle (Fig 4 element 115), the earphone handle is fastened to the earbud (Fig 4), the earphone handle comprises an earphone handle housing ([0063]: “and a hand part 115 is provided on the housing 11 for the wearer to put on or take off the headphones. The hand part 115 is provided on the second housing 114 and is a handle.”), and the earphone handle housing has second accommodating space (Fig 4 right side, wherein there is a space beneath the shell 115).
Claim Rejections - 35 USC § 103
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vodysound in view of Wang (CN 212903637 U).
Regarding claim 2, Vodysound fails to disclose wherein at least a part of the sound outlet net is provided with a thermally conductive path, and the first temperature sensor is in thermally conductive contact with the thermally conductive path
Wang discloses an earphone (title) wherein at least a part of the sound outlet net is provided with a thermally conductive path ([n0014]: “a heat conduction cover in sequence between the first housing and the first cover. On the one hand, the heat conduction cover can directly contact the human skin to accurately detect the human body temperature”), and the first temperature sensor is in thermally conductive contact with the thermally conductive path ([n0017]: “the heat-conducting cover has a receiving cavity, in which the human body temperature sensor and the first heat insulation pad are disposed”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the device disclosed by Vodysound to include the conductive path disclosed by Wang in order to improve the accuracy of the detected temperature Wang ([n0014]).
Regarding claim 3, Wang further discloses wherein a material of the thermally conductive path is copper, stainless steel, nickel, titanium, gold, or silver ([n0030]: “the heat conduction cover is a stainless steel cover”).
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vodysound in view of Olson (US 20230068534 A1).
Regarding claim 4, Vodysound fails to disclose wherein the earphone further comprises a circuit board, the first temperature sensor is electrically connected to the circuit board, the circuit board is disposed on the outer side of the hole channel of the sound outlet hole, and the circuit board is in thermally conductive contact with the sound outlet hole.
Olson discloses an earphone (title) wherein the earphone further comprises a circuit board ([0004]: “flexible circuit board”), the first temperature sensor is electrically connected to the circuit board ([0004]: “The temperature sensor comprises a flexible circuit board, a distal temperature sensor disposed on the flexible circuit board”), the circuit board is disposed on the outer side of the hole channel of the sound outlet hole (Fig 3 element 314 in relation to 304) , and the circuit board is in thermally conductive contact with the sound outlet hole ([0051]: “flexible circuit board comprises conductive traces configured to provide electrical connectivity between each of the distal and proximal temperature sensors and other circuitry of the device.”, [0054]: “temperature indicative of one or both of conductive heat and convective heat at a first location of the ear canal between the first bend and the tympanic membrane”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the earphone disclosed by Vodysound to include the circuit board disclosed by Olson in order to power and provide control over the device (Olson [0079]).
Regarding claim 5, Vodysound fails to disclose wherein the earphone further comprises a second temperature sensor, the second temperature sensor is located in the first accommodating space, and the second temperature sensor is fastened to an inner side wall corresponding to a position at which the earbud housing is in contact with human ear skin.
Olson discloses wherein the earphone further comprises a second temperature sensor ([0005]: “using a proximal temperature sensor disposed in the trough at a location proximal of the distal temperature sensor in an outer ear direction, a second temperature indicative of one or both of conductive heat and convective heat at a second location of the ear canal between the first and second bends.”), the second temperature sensor is located in the first accommodating space (Fig 4A element 422/424), and the second temperature sensor is fastened to an inner side wall corresponding to a position at which the earbud housing is in contact with human ear skin (Fig 4A).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the earphone disclosed by Vodysound to include the second temperature sensor disclosed by Olson in order to improve the accuracy of the temperature sensed (Olson [0081]).
Regarding claim 6, Olson further discloses wherein the earbud housing is provided with a first thermally conductive portion ([0064]: “A temperature sensor arrangement is disposed in the trough and includes a proximal temperatures sensor 312 and a distal temperature sensor 310 each mounted to a flexible PCB 314. Electrical conductors of the cable 306 terminate at, and electrically connect to, electrical contacts of the flexible PCB 314. The flexible PCB 314 serves to electrically connect the proximal temperatures sensor 312 and the distal temperature sensor 310 to the cable 306 and, in some implementations, to other circuitry and components disposed on the flexible PCB 314 or elsewhere in/on the receiver 304”), the first thermally conductive portion is made of a metal material, ([0051]: “wherein the flexible circuit board comprises conductive traces configured to provide electrical connectivity between each of the distal and proximal temperature sensors and other circuitry of the device.”) the first thermally conductive portion is in contact with the human ear skin (Fig 4A), and the second temperature sensor is in thermally conductive contact with the first thermally conductive portion (Fig 4A, Fig 3).
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vodysound in view of Cross et al. (US 20190117155 A1).
Regarding claim 8, Vodysound fails to disclose wherein the earphone further comprises a third temperature sensor, the third temperature sensor is located in the second accommodating space, and the third temperature sensor is fastened to an inner side wall corresponding to a position at which the earphone handle housing is in contact with the external space.
Cross discloses wherein an earphone (title) further comprises a temperature sensor, ([0109]: “proximal temperature sensor) the temperature sensor is located in the second accommodating space (Fig 21 element 2106), and the temperature sensor is fastened to an inner side wall corresponding to a position at which the earphone handle housing is in contact with the external space ([0109]: “A proximal temperature sensor 2106 is situated on or in the enclosure of the handle section 2101, and is configured to produce a temperature signal indicative of the ambient environment exterior of the ear.”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the earphone disclosed by Vodysound to include the temperature sensor located within the handle as disclosed by Cross in order to obtain a temperature signal indicative of the ambient environment (Cross [0109]).
Regarding claim 9, Cross further discloses wherein the earphone handle housing is provided with a second thermally conductive portion ([0082]: “the housing may be 1) filled with a material (solid, gas or solidified liquid) that is thermally insulated or conductive;”), the second thermally conductive portion is made of a metal material ([0077]: “the material on the ear side surface of the shell in an area over or around the temperature sensor can be coated using a thermally conductive adhesive or a metal”), the second thermally conductive portion is in contact with the external space ([0082], wherein the shell in conductive), and the third temperature sensor is in thermally conductive contact with the second thermally conductive portion (Fig 21, [0109]: “the proximal temperature sensor 2106 is preferably a temperature sensor configured to sense conductive”).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vodysound in view of Cross in view of Higgins (US 20240114282 A1).
Regarding claim 10, Vodysound as modified by Cross fails to disclose wherein the earphone further comprises a heat emitting element and a fourth temperature sensor, the heat emitting element is disposed in the first accommodating space and/or the second accommodating space, the fourth temperature sensor is disposed in the first accommodating space and/or the second accommodating space, and the fourth temperature sensor is disposed close to the heat emitting element
Higgins discloses wherein an earphone (title) further comprises a heat emitting element and a fourth temperature sensor ([0093]: “the thermal path to heat generating components within the device 100 a-100 g to the thermistor 141 a or other temperature sensor”), the heat emitting element is disposed in the first accommodating space and/or the second accommodating space (Fig 9), the fourth temperature sensor is disposed in the first accommodating space and/or the second accommodating space (Fig 9), and the fourth temperature sensor is disposed close to the heat emitting element ([0093]: “the thermal path to heat generating components within the device 100 a-100 g to the thermistor 141 a or other temperature sensor should be minimized. This can be achieved by using thin copper traces on the flex circuit board, removing solid copper ground and power planes, and/or placing thermal resistive materials between the thermistor 141 a and hot components such as the rechargeable power source.”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the earphone disclosed by Vodysound as modified by Cross to include the fourth temperature sensor disclosed by Higgins in order obtain a more robust data set.
Regarding claim 11, Higgins further discloses wherein the fourth temperature sensor and the heat emitting element are disposed on two sides of a same circuit board, and the fourth temperature sensor is disposed facing away from the heat emitting element ([0093]: “the thermal path to heat generating components within the device 100 a-100 g to the thermistor 141 a or other temperature sensor should be minimized. This can be achieved by using thin copper traces on the flex circuit board, removing solid copper ground and power planes, and/or placing thermal resistive materials between the thermistor 141 a and hot components such as the rechargeable power source.”).
Regarding claim 12, Cross further discloses wherein the fourth temperature sensor and the third temperature sensor are spaced from each other (Fig 21 wherein the sensor is located within the handle, as modified by Higgins).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vodysound in view of Mohammadi (US 20230057158 A1).
Regarding claim 13, Vodysound discloses wherein the earphone further comprises a speaker ([0056]: “speaker”), the speaker is accommodated in the first accommodating space (Fig 4), the speaker comprises a first sound emitting unit and a second sound emitting unit, and the second sound emitting unit is disposed between the first sound emitting unit and the sound outlet hole ([0058]: “In this embodiment, the cone 122 is the cone 122 of the speaker of the headphone body 10. The audio signal is transmitted through electromagnetic, piezoelectric or electrostatic effects, causing the cone 122 and diaphragm of the speaker to vibrate and resonate with the surrounding air to produce sound. The cover 121 and the cone 122 together define a sound outlet cavity 123. The sound emitted by the speaker through the vibration of the cone 122 and diaphragm and resonance with the surrounding air is collected in the sound outlet cavity 123 defined by the cover 121 and the cone 122, and enters the human ear through the second sound outlet 1211 and the first sound outlet 11”); However, Vodysound fails to disclose the first sound emitting unit comprises a first diaphragm and a coil disposed on the first diaphragm, and the second sound emitting unit comprises a second diaphragm and a magnetic circuit component.
Mohammadi discloses a first sound emitting unit comprises a first diaphragm and a coil disposed on the first diaphragm, and the second sound emitting unit comprises a second diaphragm and a magnetic circuit component ([0024]: “a dual-diaphragm audio transducer 100 comprises a housing 110 having a sound port, a first diaphragm 120 coupled to a first coil 122, a second diaphragm 130 coupled to a second coil 132, and a magnetic circuit disposed between the first and second diaphragms as described further herein.”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to substitute the known speaker disclosed by Vodysound with the known speaker disclosed by Mohammadi for the predictable result of generating a sound.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jiang et al. (US 20170064830 A1) – discloses a headphone with a temperature sensor located in a stem portion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAVYA SHOBANA BALAJI whose telephone number is (703)756-5368. The examiner can normally be reached Monday - Friday 8:30 - 5:30 ET.
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/KAVYA SHOBANA BALAJI/Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791
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