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
Applicant’s election without traverse of Group I, Claims 1-14 in the reply filed on May 05, 2026 is acknowledged.
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.
1. Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Beckhart (US10368156) in view of Harper (US20190166418).
As to Claim 1, Beckhart teaches an earbud and earbud securing device assembly (earbud retention and stabilization system, abstract) comprising: an earbud having: a speaker( wireless earbud headphone 90, and speaker portion 92, Figure 6A, 7, 8 and 12 )See at least col. 7 lines 45-48, col. 8 lines 23-28) and an anchor( earbud clip 30 has a cylindrical portion 32 configured to receive a stem portion 91 of the wireless earbud headphone 90( See Figure 7) coupled to the speaker ( speaker 92), an earbud securing device( clip assembly 10, Figure 7) having: an earbud support configured to support the earbud on an ear of an earbud user, clip assembly 10 of the illustrative embodiment includes a bendable earloop 12 configured to fit over a right ear of a user. The bendable earloop 12 is generally C-shaped or spiral-shaped, and has a first end 22 and a second end 24 oppositely disposed relative to the first end 22. The bendable earloop 12 defines a clip aperture 26 proximate to the first end 22 (see FIG. 7). As will be explained in more detail hereinafter, the bendable earloop 12 is configured to be deformed into a plurality of different positions so as to provide a customized fit for the user. Referring again to FIGS. 1-5, it can be seen that the right earloop and clip assembly 10 further includes an earbud clip 30. The earbud clip 30 forms a cavity 34 configured to receive an earbud headphone therein (see FIG. 12). The earbud clip 30 includes a connecting member 50 received within the clip aperture 26 of the bendable earloop 12 so as to detachably couple the earbud clip 30 to the bendable earloop 12 (see FIG. 7). See at least col. 5 lines 43-60. Beckhart does not explicitly teach: a first magnetic object coupled to the earbud support, and a second magnetic object configured to magnetically couple to the first magnetic object. However, Harper in related field (earbuds) teaches an headphone in Figure 3, including magnet 305 with a positive polarity is attached to the outside of the left mechanical housing 205 of the left ear-bud transducer 105. The magnet 305 is placed at a sufficient distance from the left ear-bud transducer 105 so as not to cause magnetic interference sonic performance of the left ear-bud transducer 105. Correspondingly, a magnet 304 with a negative polarity is attached to the outside of the right mechanical housing 204 of the right ear-bud transducer 104. The magnet 304 is also placed at a sufficient distance from the right ear-bud transducer 104 so as not to cause magnetic interference sonic performance of the right ear-bud transducer 104. It will be appreciated by those skilled in the art that the magnets 305, 304 can have either a positive or negative polarity, but not the same polarity. In other words, the polarities of the magnets must be opposite and attractive.
[0027] The magnets 305, 304 are attached to the mechanical housings 205, 204 using any well-known and suitable bonding means, such as, for example, glue, adhesives, molding, etc. Accordingly, the system for securing headphone transducers of the present invention can be added to preexisting headphones, as discussed in detail below. [0028] The magnets 305, 304 have sufficient charge so as to form a tight bond between the left ear-bud transducer 105 and the right ear-bud transducer 104. Further, the magnets 305, 304 provide a secure connection between the ear-bud transducers 105, 104 that is capable of supporting the combined weight of the ear-bud transducers 105, 104 when they are attracted. For example, as illustrated in FIG. 4, when the user 10 desires a temporary break from listening to his/her audio device 101 through the ear-bud transducers 105, 104, he/she removes the ear-bud transducers 105, 104 from his/her ears 106. The user 10 then moves or pulls the ear-bud transducers 105, 104 together, such that the magnets 305, 304 attract the ear-bud transducers 105, 104 and hold them securely together. See at least [0026]- [0028].It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to further provide two magnets coupled to the earbud support to hold the earbuds together.
As to Claim 2, Beckhart in view of Harper teaches the limitations of Claim 1, and wherein the earbud support includes a first loop configured to wrap around the ear of the earbud user (bendable ear loop 12’, Figure 1) and a second loop supported by the first loop and coupled to the anchor of the earbud, (the earbud clip 30 forms a cavity 34 configured to receive an earbud headphone therein (see FIG. 12). The earbud clip 30 includes a connecting member 50 received within the clip aperture 26 of the bendable earloop 12 so as to detachably couple the earbud clip 30 to the bendable earloop 12 (see FIG. 7). See at least Beckhart on col. 5 lines 55-60.
As to Claim 3, Beckhart in view of Harper teaches the limitations of Claim 2, and regarding the following: wherein a relaxed diameter of the first loop is at least three times larger than a relaxed diameter of the second loop, Beckhart teaches as shown on Figures 7 and 8, the diameter of ear loop 12 is greater than the diameter of earbud clip 30 having cylindrical portion 32 and col. 7 lines 35-40. Beckhart teaches the bendable earloop 12 and 12’ is formed of flexible polymeric material that is bendable by the user. See at least Beckhart on col 6 lines 35-41. Beckhart in view of Harper does not explicitly teach the first loop is at least three times larger than a relaxed diameter. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the size the of earloop 12 that is made of flexible material such that it is at least three times larger than a relaxed diameter of the earbud clip depending on the comfort of the user.
As to Claim 4, Beckhart in view of Harper teaches the limitations of Claim 2, and regarding the following: wherein the first loop has a first stretched diameter configured to wrap around a first user's ear, and a second stretched diameter configured to wrap around a second user's ear, the second stretched diameter is larger than the first stretched diameter, and the second user's ear is larger than the first user's ear, Beckhart teaches as shown on Figures 7 and 8, the diameter of ear loop 12 is greater than the diameter of earbud clip 30 having cylindrical portion 32 and col. 7 lines 35-40 Beckhart teaches the bendable earloop 12 and 12’ is formed of flexible polymeric material that is bendable by the user. Beckhart in view of Harper does not explicitly teach the second stretched diameter is larger than the first stretched diameter, and the second user's ear is larger than the first user's ear. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the size the of earloop 12 that is made of flexible material such that the second stretched diameter is larger than the first stretched diameter, and the second user's ear is larger than the first user's ear depending on the comfort of the users having ears of different shape and size.
As to Claim 5, Beckhart in view of Harper teaches the limitations of Claim 2, and wherein the first loop and the second loop are made of elastic material, Beckhart teaches the bendable earloop 12 and 12’ is formed of flexible polymeric material that is bendable by the user. See at least Beckhart on col 6 lines 35-41. Furner, earbud clip 30, 60 may be formed from a suitable Polymeric material or plastic that is able to be elastically deformed when the earbud headphone is snapped into place. See at least col. 10 lines 30-35.
As to Claim 6, Beckhart in view of Harper teaches the limitations of Claim 2, and regarding the following: wherein the device is devoid of more than two loops made of elastic material, Beckhart teaches the bendable earloop 12 and 12’ is formed of flexible polymeric material that is bendable by the user. See at least Beckhart on col 6 lines 35-41. Furner, earbud clip 30, 60 may be formed from a suitable Polymeric material or plastic that is able to be elastically deformed when the earbud headphone is snapped into place. See at least col. 10 lines 30-35. Thus, Beckhart teaches the device having two loops made of elastic material and thus devoid of more than two loops.
As to Claim 7, Beckhart in view of Harper teaches the limitations of Claim 2, and Beckhart further teaches wherein the first loop (bendable earloop 12 and 12’) and the second loop (earbud clip 30, 60) are uninterrupted, also, he earbud headphones may be manufactured with the earbud stabilization system built in. In still another alternative embodiment, the earbud is built with a connection member for the bendable earloop to connect with. In yet another alternative embodiment, the earbud headphone is manufactured with a built-in bendable earloop that provides adjustability to create and set the desired earloop shape and position of the earbud headphone. See at least col. 11, lines 4-12.
As to Claim 8, Beckhart in view of Harper teaches the limitations of Claim 1, and wherein the anchor of the earbud is positioned in the earbud support, Beckhart teaches on col 5 lines 55-61, referring again to FIGS. 1-5, it can be seen that the right earloop and clip assembly 10 further includes an earbud clip 30. The earbud clip 30 forms a cavity 34 configured to receive an earbud headphone therein (see FIG. 12). The earbud clip 30 includes a connecting member 50 received within the clip aperture 26 of the bendable earloop 12 so as to detachably couple the earbud clip 30 to the bendable earloop 12 (see FIG. 7).
As to Claim 9, Beckhart in view of Harper teaches the limitations of Claim 1, and wherein the earbud support is made of elastic material, the outer body portion 14, 14′ of each bendable earloop 12, 12′ may be formed from a suitable flexible polymeric material or plastic, such as silicone. In the illustrative embodiment, the inner wire 16 of each bendable earloop 12, 12′ may be formed from a suitable metallic material or metal that is bendable by a user. See at least col. 7 lines 35-40.
As to Claim 10, Beckhart in view of Harper teaches the limitations of Claim 1, and regarding the following: wherein the earbud support includes a first loop configured to be supported by the ear of the earbud user, and the first loop supports the first magnetic object, Harper teaches the first loop supports the first magnetic object (a system for securing transducers is provided, a first coupling device is affixed to the outer surface of the first mechanical housing of the first transducer device, Abstract, magnets 305, 304 have sufficient charge so as to form a tight bong between the transducers, See at least Harper on [0028]).
As to Claim 11, Beckhart in view of Harper teaches the limitations of Claim 1, and regarding the following: wherein the first magnetic object receives the anchor of the earbud, Harper teaches wherein the first magnetic object receives the anchor of the earbud (the magnets 305, 304 have sufficient charge so as to form a tight bond between the left ear-bud transducer 105 and the right ear-bud transducer 104, Fig. 3, headphones also can be secured to multiple sides of such a coupling based 71 via the headphones coupling device or devices, Para. [0038], Fig. 7B).
2. Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Beckhart (US10368156) in view of Harper (US20190166418) in view of Kuntz et al. (US9307313B2), hereinafter Kuntz.
As to Claim 12, Beckhart in view of Harper teaches the limitations of Claim 1, but does not explicitly teach wherein the earbud securing device includes a material having photoluminescence properties. However, Kurtz in related field (earphone) teaches on col. 2 lines 45-55, the earphone cover is made from an elastomer that is injection molded into an injection port or gate disposed within the internal cavity. In some embodiments, the material has a color, is translucent, includes reflective particles, is semi-transparent, is completely transparent, and/or glows in the dark. Where the material is a glow in the dark material, the material may include about 25 percent of a phosphorescent based material. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to further provide a cover having photoluminescence properties for adding aesthetics to the earphone.
As to Claim 13, Beckhart in view of Harper in further view of Kuntz teaches the limitations of Claim 12, and wherein the earbud support includes the material having photoluminescence properties, Kuntz on col. 2 lines 45-55, the earphone cover is made from an elastomer that is injection molded into an injection port or gate disposed within the internal cavity. In some embodiments, the material has a color, is translucent, includes reflective particles, is semi-transparent, is completely transparent, and/or glows in the dark. Where the material is a glow in the dark material, the material may include about 25 percent of a phosphorescent based material. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to further provide the earbud support having photoluminescence properties for adding aesthetics to the earphone.
As to Claim 14, Beckhart in view of Harper in further view of Kuntz teaches the limitations of Claim 12, and wherein the first or second magnetic object includes a material having photoluminescence properties, Kuntz on col. 2 lines 45-55, teaches the earphone cover is made from an elastomer that is injection molded into an injection port or gate disposed within the internal cavity. In some embodiments, the material has a color, is translucent, includes reflective particles, is semi-transparent, is completely transparent, and/or glows in the dark. Where the material is a glow in the dark material, the material may include about 25 percent of a phosphorescent based material. Kuntz does not explicitly teach the first or second magnetic object includes a material having photoluminescence properties, however, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to further provide the first or second magnetic object includes a material having photoluminescence properties for adding aesthetics to the earphone.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691
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