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
Applicant’s election without traverse of claim(s) 28-41 in the reply filed on 2/2/2026 is acknowledged.
Allowable Subject Matter
Claim(s) 31-32, 34-36 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Claim(s) 37-38, 40-41 is/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 (s) 37 recites the limitation "the first earphone circuit , the earplug support" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim (s) 38 recites the limitation "the first earphone board assembly" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim (s) 40 recites the limitation "the earplug support and the front vent" in line 1 & 4 respectively. There is insufficient antecedent basis for this limitation in the claim.
Claim (s) 41 recites the limitation "the earphone rear housing " in line 1. There is insufficient antecedent basis for this limitation in the claim.
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) 28-30, 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dang et al. (US 11, 102, 566 B1) and Shaffer (US 9, 602,907 B2).
Claim 28, the prior art disclose of an earphone, wherein: the earphone comprises a centrosymmetric shape (fig.2 (120/125); col.5 line 10-15/from the center the earphone is symmetrical); the earphone comprises an earphone front housing (fig.2 (120/125); col.5 line 10-15), a first electrode, and a second electrode (FIG.2 (126/128); col.5 line 19-30).
Nonetheless, Dang et al. never specify of the earphone comprises an earphone magnet. But, Shaffer disclose of the similar aspect related to the earphone comprises an earphone magnet (fig.6 (128); col.8 line 14-17). Thus, one of the ordinary skills in the art could have modified the prior art by adding such earphone comprises an earphone magnet so as to retain the earbud securely via magnetic attraction.
The combined teaching of Dang et al. and Shaffer as a whole, further disclose of the earphone magnet comprises a ring structure surrounding a center line of the earphone, and the earphone magnet is fastened on an inner wall of the earphone front housing and comprise ring structures surrounding the center line of the earphone (Shaff-fig.6 (128); col.8 line 14-17).
The prior art further disclose of both the first electrode and the second electrode are located on an outer side of the earphone (Dang-fig.2 (126/128); col.5 line 19-30).
The prior art would have further taught of the first electrode and the second electrode are respectively fastened on two opposite ends of the earphone front housing (Dang-fIg.2 (126/128); col.5 line 19-30).
.
29. (New) The earphone according to claim 28, wherein: the first electrode comprises a closed ring structure or an open ring structure (Dang-fig.4 (128); col.7 line 12-25).
30. (New) The earphone according to claim 28, wherein : the first electrode comprises an ring structure, the earphone comprises at least two first electrodes, and the at least two first electrodes are disposed in pairs at spacings (Dang-fIg.2/4 (126/128); col.5 line 19-30).
Nonetheless, the prior art never specify of he ring being an open ring structure and having the electrodes being distributed on a same circle. But, it would have been obvious for one of the ordinary skill in the art to have modified the mentioned ring and electrode by specifying such noted ring being an open ring structure and having the electrodes being distributed on a same circle for achieving the same predictable result as to enable charging of the battery associated with the earphone.
33. (New) The earphone according to claim 28, wherein: the earphone comprises one earphone magnet, and the one earphone magnet comprises a closed ring structure; or the earphone comprises at least two earphone magnets, the at least two earphone magnets are disposed at spacings, and each earphone magnet comprises an open ring structure (Dan-fig.6 (128); col.8 line 14-17/the earphone magnet with close ring structure).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dang et al. (US 11, 102, 566 B1) and Shaffer (US 9, 602,907 B2) and Liu (US 2025/0008252 A1).
38. (New) The earphone according to claim 28, but the prior art never specify as wherein: the earphone comprises the first earphone circuit board assembly, a wearing detection sensor is disposed on the circuit board in the first earphone circuit board assembly, and the first electrode is electrically connected to the circuit board in the first earphone circuit board assembly; and (the earphone comprises the controller, and the controller is configured to determine, based on a detection signal of the wearing detection sensor, whether the earphone is worn.
However, Liu disclose of the similar aspect related to a certain earphone comprises the first earphone circuit board assembly, a wearing detection sensor is disposed on the circuit board in the first earphone circuit board assembly, and the first electrode is electrically connected to the circuit board in the first earphone circuit board assembly; and the earphone comprises the controller, and the controller is configured to determine, based on a detection signal of the wearing detection sensor, whether the earphone is worn (par [41, 45, 58, 61]). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted earphone comprises the first earphone circuit board assembly, a wearing detection sensor is disposed on the circuit board in the first earphone circuit board assembly, and the first electrode is electrically connected to the circuit board in the first earphone circuit board assembly; and the earphone comprises the controller, and the controller is configured to determine, based on a detection signal of the wearing detection sensor, whether the earphone is worn so as to accurately detect in-ear status and configured the operation accordingly.
Claim(s) 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dang et al. (US 11, 102, 566 B1) and Shaffer (US 9, 602,907 B2) and Kyllonen et al. (US 2019/0098394 A1).
39. (New) The earphone according to claim 28, but the prior art never specify as wherein: the earphone comprises the earplug support and an earplug, the earplug comprises an earplug inner cover and an earplug outer cover that are connected, the earplug inner cover is sleeved on a periphery of the earplug support, the earplug outer cover surrounds a periphery of the earplug inner cover, a first bump is provided on a surface of the earplug outer cover and that faces the earplug inner cover.
Nonetheless, Kyllonen et al. disclose of the similar concept related to a earphone comprises the earplug support and an earplug, the earplug comprises an earplug inner cover and an earplug outer cover that are connected, the earplug inner cover is sleeved on a periphery of the earplug support, the earplug outer cover surrounds a periphery of the earplug inner cover, a first bump is provided on a surface of the earplug outer cover and that faces the earplug inner cover (fig.1 (11-112); par [60]). Thus one of the ordinary skills in the art could have modified the prior art by adding such concept related to a earphone comprises the earplug support and an earplug, the earplug comprises an earplug inner cover and an earplug outer cover that are connected, the earplug inner cover is sleeved on a periphery of the earplug support, the earplug outer cover surrounds a periphery of the earplug inner cover, a first bump is provided on a surface of the earplug outer cover and that faces the earplug inner cover so as to provide a very comfortable earphone with passive noise reduction capability.
Thus, the overall prior art would have disclose of the first electrode is located between the earplug and the second electrode (Dan-gIG.2 (126/128); col.5 line 19-30).
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40. (New) The earphone according to claim 28, although, the art never specify as wherein: the earphone comprises the earplug support and the earplug; the earplug support comprises a hollow tubular structure, the wall of the earplug support is provided with the front vent, the front vent connects the internal and external spaces of the earplug support, and the earplug comprise the earplug outer cover and earplug inner cover and the earplug outer surrounds the periphery of the earplug inner cover.
But it shall be noted the prior art disclose of the specific as earphone comprises the earplug support and the earplug; the earplug support comprises a hollow tubular structure, the wall of the earplug support is provided with the front vent, the front vent connects the internal and external spaces of the earplug support, and the earplug comprise the earplug outer cover and earplug inner cover and the earplug outer surrounds the periphery of the earplug inner cover (fig.1 (41, 111-112); par [60]). Thus one of the ordinary skills in the art could have modified the prior art by adding such concept related to earphone comprises the earplug support and the earplug; the earplug support comprises a hollow tubular structure, the wall of the earplug support is provided with the front vent, the front vent connects the internal and external spaces of the earplug support, and the earplug comprise the earplug outer cover and earplug inner cover and the earplug outer surrounds the periphery of the earplug inner cover so as to provide a very comfortable earphone with passive noise reduction capability.
Thus, the prior art never limit such additional aspect related earplug further to a skirt edge is formed on the periphery of the earplug support, and the front vent is adjacent to the skirt edge; the earplug comprises the earplug outer cover and the earplug inner cover that are connected, the earplug inner cover is sleeved on the periphery of the earplug support, the skirt edge is exposed outside the earplug inner cover, a second bump is provided on a surface of an end of the earplug inner cover and that faces the skirt edge, the second bump is in contact with the skirt edge, but one of the ordinary skills in the art could have varied the earplug and outer and inner cover by specifying such earplug to further a skirt edge is formed on the periphery of the earplug support, and the front vent is adjacent to the skirt edge; the earplug comprises the earplug outer cover and the earplug inner cover that are connected, the earplug inner cover is sleeved on the periphery of the earplug support, the skirt edge is exposed outside the earplug inner cover, a second bump is provided on a surface of an end of the earplug inner cover and that faces the skirt edge, the second bump is in contact with the skirt edge for achieving the same expected result as per engineering preference so as to provide a very comfortable earphone with passive noise reduction capability.
Thus, the overall prior art would have disclose of the first electrode is located between the earplug and the second electrode (Dan-gIG.2 (126/128); col.5 line 19-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DISLER PAUL whose telephone number is (571)270-1187. The examiner can normally be reached 9:00-6:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chin, Vivian can be reached at (571) 272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DISLER PAUL/Primary Examiner, Art Unit 2695
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