DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691.
This communication is responsive to the preliminary amended claims filed 07/15/2024.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claims 10 and 25 – 29 recite "computer program product" and "computer readable medium" however since the specification does not provide proper antecedent basis for the claimed subject matter.
Claim Rejections - 35 USC § 112(b) or (pre-AIA ), Second Paragraph
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 2-8 and 10 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.
Regarding claim 1, the limitation of “an accordion shape” in lines 2-3 is vague since it is not clear what the limitation is.
Regarding claim 1, the limitation of “wavy surfaces machined” in line 9 is indefinite since it is not clear what it refers to.
In claim 1, it recites the limitation of “the electrodes” in line 12. There is insufficient antecedent basis for this limitation in the claim.
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In claims 5-6 and 10-12, it is not clear what the exact dependence of each claim is.
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Regarding claim 20, the limitation of “the carrier member has a through hole providing at least … a second surface of the carrier member” in lines 1-3 is vague since it is not clear how can a through hole provide any electrical connection.
Regarding claim 24, it recites the limitation "the solder material " in line 1. There is insufficient antecedent basis for this limitation in the claim.
There are numerous of informalities in the claims, the examples are:
Regarding claim 8, which is depended upon a withdrawn claim.
Regarding claims 10-11, which are depended upon a withdrawn claim.
Since there are too many informalities terms and/or limitations in the claims, it would be a burden on the examiner to list them all. Therefore, applicant’s corporation for thoroughly revising the claims would be highly desirable for expediting the processing of this application.
Notice of Pre-AIA or AIA Status
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andrikowich et al. (U. S. Pat. App. Pub. No. – 2018/0213313).
Regarding claim 1, Andrikowich et al. disclose an earphone control (124) method, which is applied to an earphone device (10), wherein the earphone device is provided with a magnet (118) and a magnetic flux sensor (122) therein, a separation distance between the magnet and the magnetic flux sensor is changeable by pressing the earphone device (Fig. 3), and the method comprises: obtaining a magnetic flux value by the magnetic flux sensor (122); and determining an operation type (124) of a user on the earphone device according to the magnetic flux value, to control the earphone device according to the operation type (130/132).
Regarding claim 2, Andrikowich et al. further disclose the earphone control method, wherein the determining the operation type of the user on the earphone device according to the magnetic flux value comprises: obtaining a reference value set currently (122); counting a first duration of a state in which a difference between each of magnetic flux values continuously obtained according to a preset frequency and the reference value is greater than a first preset threshold; if the first duration exceeds a first preset duration and is less than a second preset duration, determining that the operation type of the user on the earphone device is a click type; and if the first duration exceeds the second preset duration and is less than a third preset duration, determining that the operation type of the user on the earphone device is a long press type ([0048-0056]).
Regarding claim 3, Andrikowich et al. further disclose the earphone control method, wherein the method further (Figs. 3-5B) comprises: counting a second duration of a state in which a range of each of the magnetic flux values continuously obtained according to the preset frequency is less than a second preset threshold; and if the second duration exceeds the third preset duration, setting an average value of each of the magnetic flux values whose range is less than the second preset threshold for the second duration as a new reference value ([0048-0056]).
Regarding claim 4, Andrikowich et al. further disclose the earphone control method, wherein the determining the operation type of the user on the earphone device according to the magnetic flux value (118, 122) comprises: obtaining a preset magnetic flux range; when the magnetic flux value is within the magnetic flux range, determining that the magnetic flux value is valid data; and determining the operation type of the user on the earphone device according to the magnetic flux value which is the valid data ([0048-0056]).
Regarding claim 5, Andrikowich et al. further disclose the earphone control method, wherein before the obtaining the preset magnetic flux range, the method further comprises: when it is determined that the earphone device is in an environment without external magnetic field interference and is not be pressed, obtaining an initial magnetic flux value by the magnetic flux sensor; calculating an initial distance between the magnet and the magnetic flux sensor based on the initial magnetic flux value; adding a preset distance change range to the initial distance to obtain a distance range; and calculating the magnetic flux range according to the distance range (0048-0056]).
Regarding claim 6, Andrikowich et al. further disclose the earphone control method, wherein the determining the operation type of the user on the earphone device according to the magnetic flux value (Figs. 3-5B) comprises: obtaining a preset magnetic flux range; counting a third duration of a state in which each of magnetic flux values continuously obtained according to a preset frequency is within the magnetic flux range; and if the third duration exceeds a fourth preset duration, determining the operation type of the user on the earphone device according to each of the magnetic flux values that are in the magnetic flux range for the third duration ([0048-0056]).
Regarding claim 7, Andrikowich et al. further disclose the earphone control method, wherein the obtaining the magnetic flux value (118) by the magnetic flux sensor (122) comprises: gaining an original value collected by the magnetic flux sensor using a gain value and using the gained original value as the obtained magnetic flux value, wherein the gain value is obtained by calculating a ratio of a third preset threshold to an initial value, and the initial value is the original value collected by the magnetic flux sensor when the apparatus is in an environment without external magnetic field interference and is not be pressed ([0048-0056]).
Structural claims 8-9 are similar to claim 1 except for being couched in structural terminology; such structure would be inherent when the method is shown in the references.
Computer software product claim 10 is similar to claims 1-9 except for being couched in computer software terminology; such product would be inherent when the structure/method is shown in the references.
10. (Currently amended) A computer-readable storage medium, in which an earphone control program is stored, the earphone control program, when executed by a processor, implements steps of the earphone control method according to claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached on 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUHAN NI/Primary Examiner, Art Unit 2691