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Claims 1 and 30-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 31, 2026.
Claim Rejections - 35 USC § 112
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 2-17 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.
Claims 15 recites the limitation “the first sound wave” in line 9 of the claim. There is insufficient antecedent basis for this limitation in the claim. It should probably say “a first sound wave,” and further clarify where the sound wave comes from. Appropriate correction is required.
Claims 2-14 and 16-17 are dependent on claim 15 and are therefore also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the same reason as parent claim 15.
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) 3, 6-8, 12 and 15-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Pub No 2024/0027795 A1 to Porter et al. (“Porter”).
As to claim 15, Porter discloses a head wearable device (see figures 1-2) comprising: a front frame; a display coupled to the front frame (see figures 1-2; pg. 2, ¶ 0024); an arm coupled to the front frame and configured to attach the head wearable device to a user's head (arm 12, see figures 1-2; pg. 2, ¶ 0024 - ¶ 0025); and an acoustic waveguide comprising: a waveguide member comprising a hollow body having a first end and a second end (passageway 36, see figure 3A; pg. 2, ¶ 0027), a sound source disposed at the first end of the waveguide (speaker 18; see figure 3A; pg. 2, ¶ 0027 - ¶ 0029), and a plurality of acoustic vents disposed on a body of the waveguide, wherein each of the plurality of acoustic vents is configured to receive the first sound wave and further to emit a respective sound wave based on the first sound wave, wherein each respective sound wave corresponds to a respective point sound source (ports 34 positioned anywhere along arm and each outputs sound, see figures 3A-4; pg. 2, ¶ 0027 - ¶ 0028).
As to claim 16, Porter further discloses wherein the waveguide member is disposed in the arm (see figures 3A-4; pg. 2, ¶ 0027).
As to claim 3, Porter further discloses wherein each of the plurality of acoustic vents corresponds to a respective point sound source (ports 34 positioned anywhere along arm and each outputs sound, see figures 3A-4; pg. 2, ¶ 0027 - ¶ 0028).
As to claim 6, Porter further discloses wherein the waveguide member is configured to propagate the first sound wave as a longitudinal wave (acoustic waves longitudinal, see pg. 2, ¶ 0028, ¶ 0030).
As to claim 7, Porter further discloses wherein the body of the waveguide member comprises a plurality of branches, each branch of the plurality of branches corresponding to one of the plurality of acoustic vents (tube portions leading to ports 34, see figure 4).
As to claim 8, Porter further discloses wherein each branch of the plurality of branches comprises a unique path between the first end of the waveguide member and the corresponding acoustic vent (see figure 4).
As to claim 12, Porter further discloses wherein the plurality of acoustic vents is located on at least one of a temple portion of the waveguide member and a lower surface of the waveguide member (see figures 3A-4; pg. 2, ¶ 0027).
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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Porter in view of US Patent Pub No 2020/0077181 A1 to Tai et al. (“Tai”).
As to claim 17, Porter discloses head wearable device of claim 15.
Porter does not disclose wherein the sound source is disposed in the front frame. However such a configuration is known in the art, as taught by Tai, which discloses a similar head wearable device with a waveguide, and further discloses the speaker being positioned in the front frame of the device (see figures 1-2; pg. 2, ¶ 0031 - ¶ 0033; pg. 3, ¶ 0041 - ¶ 0042). The proposed positioning of the speaker is therefore considered obvious before the effective filing date of the claimed invention. The motivation being as a matter of design, depending on the particular shape and size of the head wearable device, as long as the speaker is positioned within the device, sufficient space is available for the speaker, and sound can be transmitted to the user’s ears (Tai figures 1-2; pg. 3, ¶ 0041, ¶ 0043).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Porter in view of US Patent Pub No 2019/0051284 A1 to Magariyachi et al. (“Magariyachi”).
As to claim 2, Porter discloses the head wearable device of claim 15.
Porter does not expressly disclose further comprising a sound absorber disposed at the second end of the waveguide member. However such a configuration is known in the art, as taught by Magariyachi, which discloses a similar waveguide structure, and further discloses the waveguide can include a sound absorbing material at an end of the tube structure (see figures 1-2; pg. 7, ¶ 0118). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to prevent sound reflections at the output end of the waveguide structure (Magariyachi pg. 7, ¶ 0118).
Claim(s) 4-5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Porter in view of US Patent Pub No 2021/0227306 A1 to Zhang.
As to claim 4, Porter discloses the head wearable device of claim 15.
Porter does not disclose wherein the head wearable device is configured such that a first respective sound wave emitted from a first plurality of acoustic vents comprises audio frequencies within a predetermined range and is further configured to filter audio frequencies below the predetermined range. However such a configuration is known in the art, as taught by Zhang, which discloses a similar wearable device, and further discloses the acoustic route including a sound tube can be configured such that sounds output through the route can have certain frequency components and further be configured as a low-pass, band-pass or high-pass filter to generate sounds having certain frequency characteristics (see pg. 10, ¶ 0107 - ¶ 0108; pg. 14, ¶ 0135 - ¶ 0136). The device being configured such that sound waves emitted from the vents comprise frequencies within a predetermined range is therefore considered obvious before the effective filing date of the claimed invention. The motivation being as a matter of design, in order to optimize sound depending on the frequency response of the sound source or speaker, the type of speaker, the type of signal being output, and/or the desired acoustic characteristics of the sound being output (Zhang pgs. 9-10, ¶ 0106 - ¶ 0108; pg. 13, ¶ 0126; pg. 22, ¶ 0175).
As to claim 5, Porter in view of Zhang does not expressly disclose wherein the predetermined range comprises one or more of 50 Hz to 150 Hz, 50 Hz to 250 Hz, 200 Hz to 500 Hz, and 400 Hz to 1kHz. However such a configuration is considered obvious given the teachings of Porter in view of Zhang, which discloses the acoustic route can be configured such that output sounds can have certain frequency components, and further be configured as a low-pass, band-pass or high-pass filter to generate sounds having certain frequency characteristics (Zhang pg. 10, ¶ 0107 - ¶ 0108; pg. 14, ¶ 0135 - ¶ 0136). The specific selection of a predetermined range being one or more of 50 Hz to 150 Hz, 50 Hz to 250 Hz, 200 Hz to 500 Hz, and 400 Hz to 1kHz is therefore merely a straightforward possibility when configuring the acoustic route for certain frequency components via filtering structures or configurations, as already taught by Porter in view of Zhang. The motivation being as a matter of design depending on the frequency response of the sound source or speaker, the type of speaker, the type of signal being output, and/or the desired acoustic characteristics of the sound being output (Zhang pgs. 9-10, ¶ 0106 - ¶ 0108; pg. 13, ¶ 0126; pg. 22, ¶ 0175).
As to claim 9, Porter in view of Zhang further discloses wherein one or more of the plurality of acoustic vents includes an acoustic mesh disposed across a corresponding opening of the one or more of the plurality of acoustic vents (Porter pg. 3, ¶ 0031; Zhang pg. 10, ¶ 0107; pg. 28, ¶ 0204).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Porter in view of Zhang and further in view of US Patent Pub No 2023/0106070 A1 to Alwicker et al. (“Alwicker”).
As to claim 10, Porter in view of Zhang discloses the head wearable device of claim 9.
Porter in view of Zhang discloses the mesh can be woven (Zhang pg. 10, ¶ 0107), but does not expressly disclose wherein the acoustic mesh comprises at least one selected from a Dutch Twill weave pattern, a Dutch Plain Weave pattern, a Reverse Plain Dutch Weave, and a Multiplex Twilled Weave. However such a configuration is known in the art of acoustic meshes, as taught by Alwicker, which discloses an acoustic device with an acoustic mesh, and further discloses the mesh can be made of various suitable materials and have various weaving patterns, including a twilled Dutch weave pattern (see 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, as long as the mesh can be constructed to achieve a desired acoustical resistance for the device (Alwicker pg. 3, ¶ 0045).
As to claim 11, Porter in view of Zhang and Alwicker further discloses wherein the acoustic mesh comprises a material having at least one of a monofilament material property, a polyester property, a polyimide property, a polypropylene property, a polyamide property, a nylon material, and a meta-aramid property (Zhang pg. 10, ¶ 0107; Alwicker pg. 3, ¶ 0045).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Porter in view of US Patent No 9020168 B2 to Karkkainen et al (“Karkkainen”).
As to claim 13, Porter discloses the head wearable device of claim 15.
Porter further discloses wherein the plurality of acoustic vents is arranged to propagate an acoustic wave, the acoustic wave comprising each of the respective sound waves (see pg. 2, ¶ 0027), but does not expressly disclose the acoustic wave having at least one of a predetermined propagation direction and a predetermined polar directivity pattern. However such a configuration is known in the art, as taught by Karkkainen, which discloses a similar device, and further discloses the acoustic wave can be configured as having directivity (see col. 7, lines 18-22; col. 11, lines 10-19 and 50-62). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being as a matter of design, and further to provide a device having a sound output that can be aimed as needed or desired, particularly to provide the user with sound that can be directed to the user’s ear and provide better privacy (Karkkainen col. 11, lines 10-19 and 50-62).
As to claim 14, Porter in view of Karkkainen further discloses wherein the predetermined polar directivity pattern comprises at least one of a cardioid pattern, a hyper-cardioid pattern, and an irregular pattern (Karkkainen different patterns including not symmetrical, see col. 7, lines 18-22; col. 11, lines 50-62).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Pub No 2018/0359558 A1 to Mathur discloses a waveguide structure, and further discloses the longitudinal properties of acoustic waves (see pg. 5, ¶ 0050)
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
