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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on August 20, 2024, September 07, 2024, November 03, 2024, March 19, 2025, May 19, 2025, August 04, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show word labels on these drawings beside the numbers on: FIG. 2-A, 2-B, 2-C, 3-A, 4, 5-A, 5-B, 6, 9, 12, 15, 17, 18-A, 18-B, 20, 22-A, 23, 25, 27 and 30 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 12452616 B2. This is a statutory double patenting rejection.
Pending claims
Patented claims
1. A bone conduction speaker, comprising: a vibration unit and a headset bracket, wherein: the vibration unit includes a surface contacting with and transferring vibrations to a user, the headset bracket providing a force between the contact surface and the user, the force between the contact surface and the user being larger than 0.3 N and smaller than 1.5 N.
1. A bone conduction speaker, comprising: a vibration unit and a headset bracket, wherein: the vibration unit includes a surface contacting with and transferring vibrations to a user, the headset bracket providing a force between the contact surface and the user, the force between the contact surface and the user being larger than 0.3 N and smaller than 1.5 N.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Schreiber (US 4,791,673 A) discloses a bone conduction personal audio listening device and method is worn behind one or both ears in substantially close contact with the mastoid bone of the listener.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN R EDWARDS can be reached at (571) 270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD GAUTHIER/Primary Examiner, Art Unit 2692
February 18, 2026
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692