DETAILED ACTION
In the response to this office action, the examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the examiner in prosecuting this application.
Due to the number of embodiments of the invention, the examiner asks applicant to double check that any amendment’s made to a parent claim, do not rule out the embodiment’s described in child claims.
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 .
Drawings
The drawings are objected to because:
Figures 7 and 8 are unclear. The text on the axes are unreadable. Also, it is unclear what the difference between figure 7 and figure 8 is supposed to be by looking at the figures. Descriptive titles would be helpful.
Paragraph [0055] refers to “The loudspeaker component 10 includes a housing 12 and a speaker”. Paragraphs [0056] to [0060] further refer to item 12 with reference to figures 1-3, however figures 1-3 do not include an item 12.
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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: EARPHONES WITH SOUND BLOCKING MEMBER.
Claim Objections
Claims 5-6 are objected to because of the following informalities:
Claim 5 states “and the second side surface faces the third side surface”. This portion seems to be misworded. The examiner cannot currently find an interpretation of any embodiment including “a sound-out surface, a first side surface, a second side surface, and a third side surface” wherein the second and third side surfaces face each other. Perhaps “and the second side surface faces away from the third side surface;” is what was intended. Clarification is needed.
Claim 6 is objected as inheriting the problems as above.
Appropriate correction is required.
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 14-17 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.
Claim 14 recites the limitation "the housing". There is insufficient antecedent basis for this limitation in the claim. It is unclear if this claim should be dependent on a different claim other than 1. The claim language does not appear to fit with claim 7. Knowing what is meant by “the housing” is crucial to determining allowability. Clarification is needed.
Claims 15-17 are rejected as inheriting the problems as above.
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.
Claim(s) 1, 3, 4, 7, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiamen (CN 204887362 U)(see IDS dated September 24th, 2024 with English translation provided by applicant).
Regarding claim 1, Xiamen discloses an earphone (see figures 1 and 2), comprising:
a loudspeaker component (in earphone 2 or 3 of figure 1, the loudspeaker would be located in ante-chamber 23 of figure 2, 23 may be considered part of the “loudspeaker component”), wherein when the earphone is in a wearing state, the loudspeaker component is located at a position including one of: on a front side of an auricle of a user (interpreted broadly read as in a direction away from any surface that may be considered “front” of auricle), on the auricle (interpreted as touching the auricle, earbuds 2 and 3 touch auricle at least near canal), or on a rear side of the auricle (interpreted broadly read as in a direction away from any surface that may be considered “rear” of auricle); and
at least one blocking member (at least 21 and 24 of figure 2), the at least one blocking member including a first blocking member coupled to the loudspeaker component (all components of figure 2 connected to the earphone as a whole as in figure 1, the loudspeaker would be located in ante-chamber 23 of figure 2);
wherein in the wearing state, at least a portion of the first blocking member extends in an extension direction from the loudspeaker component to an ear canal of the user (24 extends toward ear canal via relay 42, moving 21 toward canal, see “Embodiment” section page 3 and abstract).
Regarding claim 3, Xiamen discloses wherein in the wearing state, at least a portion of a projection of the first blocking member is in a concha cavity of the user, and a projection direction of the projection of the first blocking member is the same as a vibration direction of the loudspeaker component (in wearing state, earphone is in ear canal which is a concha cavity, speaker vibrates air toward ear canal).
Regarding claim 4, Xiamen discloses wherein in the wearing state, at least a portion of the projection of the first blocking member covers the concha cavity of the user (at least a portion is covered by 21).
Regarding claim 7, Xiamen discloses wherein
the loudspeaker component includes a housing (23 is half of housing, the rest is seen in figure 1) and a speaker (necessarily present for working earphone), the housing is configured to accommodate the speaker (see figures 1 and 2); and
the first blocking member is fixed to the housing (24 fixed to 23 see figure 2) or connected to the housing through a movable connection, or the first blocking member is provided on the speaker.
Regarding claim 20, Xiamen discloses wherein a thickness of the first blocking member is gradually reduced in a direction from the loudspeaker component to a direction away from the loudspeaker component (24 reduced via relay 42 when button 14 pressed, see abstract and “embodiment” section).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiamen (CN 204887362 U)(see IDS dated September 24th, 2024 with English translation provided by applicant).
Regarding claim 2, although Xiamen does not expressly disclose the size of components, it would have been obvious to the designer that the components may be as big or as small as desired, at their preference. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise wherein a first dimension of the first blocking member in a first direction is less than or equal to twice a second dimension of the loudspeaker component in the first direction, the first direction being the extension direction from the loudspeaker component to the ear canal, and the first dimension is a dimension of a portion of the first blocking member exposing from the loudspeaker component, in the system of Xiamen for the benefit of keeping components small and lightweight.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiamen (CN 204887362 U)(see IDS dated September 24th, 2024 with English translation provided by applicant) in view of Bibl et al. (US 20230276163 A1).
Regarding claim 18, Xiamen discloses wherein the blocking member is an earbud tip.
Bibl discloses wherein a material of an earbud tip has a loose porous structure (paragraph [0090], figure 24 portion 150 of 90) or a loose plush structure.
It would have been obvious to a person of ordinary skill in the art to use the porous structure of Bibl in the system of Xiamen for the benefit of being soft to the skin. Therefore, it would have been obvious to combine Bibl with Xiamen, for the benefits above, to obtain the invention as specified in claim 18.
Regarding claim 19, Although Bibl is silent to the exact porosity of the earbud tip, it would have been obvious to the designer that it could be as porous as they desired at their preference. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise wherein the loose porous structure has a porosity of 10% to 80% in the system of Xiamen and Bibl for the benefit of using a specific porous material.
Allowable Subject Matter
Claims 8 -13 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.
Claims 5 and 6 would be allowable if rewritten to overcome the claim objections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 14-17 would be allowable if rewritten to overcome rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JOHN SUTHERS whose telephone number is (571)272-0563. The examiner can normally be reached M-F, 8 am -5 pm.
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/DOUGLAS J SUTHERS/ Examiner, Art Unit 2695
/PAUL KIM/ Primary Examiner, Art Unit 2695