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 .
Response to Amendment
2. The Office Action is responsive to amendments filed for No. 18/766577 on May 10, 2026.
In response to the amendments filed to claim 1, the previous double patenting rejection concerning claims 1-3 have been withdrawn.
Response to Arguments
Applicant's arguments filed May 10, 2026 have been fully considered but are moot due to Applicant's amendment necessitated the new grounds of rejection presented in this Office action.
Allowable Subject Matter
Claim 21 is allowed.
Regarding claims 2-4 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 § 102
5. 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.
6. 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.
7. Claims 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bobisuthi et al. (Hereinafter Bobisuthi) US-PAT No. 5,729,605.
Regarding claim 22, Bobisuthi teaches
A method of acoustic property adjustment, comprising: providing a sound producing package (Fig. 1a shows a headset 100) comprising a covering structure (Fig. 1a shows an outer cap 104), wherein the covering structure (i.e. outer cap 104) has a plurality of first openings (Fig. 1a shows four openings 106a, 106c, 106d, and 106f); and
adjusting an acoustic property of the sound producing package by sealing at least one of the first openings (a frequency response of the earphone is adjusted by sealing openings 106b and 106e of the outer cap 104 by an external surface of an inner cap 102 as shown in Fig. 1b.).
Regarding claim 23, Bobisuthi teaches
The method of claim 22, wherein the acoustic property is a frequency response or an acoustic resistance of the sound producing package (A headset provides for user selectable switching between various frequency responses for the headset through manipulation of mechanical acoustic elements of the headset…..Abstract, Lines 1-4).
Claim Rejections - 35 USC § 103
8. 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.
9. 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 of this title, 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.
10. Claims 1 and 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (hereinafter Liang) US-PG-PUB No. 2022/0014836 in view of Bobisuthi et al. (Hereinafter Bobisuthi) US-PAT No. 5,729,605.
Regarding claim 1, Liang teaches
A sound producing package (Fig. 3 shows a wearable sound device), comprising:
a substrate (Fig. 3 shows a base BS); a covering structure (Fig. 3 shows a housing structure HSS) disposed on the substrate (i.e. base BS). Liang further teaches a sound producing component (Fig. 3 shows an acoustic transducer 100) disposed between the substrate (i.e. base BS) and the covering structure (i.e. housing structure HSS) as shown in Fig. 3, wherein the sound producing component (i.e. acoustic transducer 100) comprises a membrane (Fig. 3 shows a first membrane 110 (the film structure FS)) and an actuator (Fig. 3 shows a first actuator 120) as shown in Fig. 3, and the sound producing component (i.e. acoustic transducer 100) is configured to generate an acoustic wave (acoustic transducer 100 produces a sound at the frequency of sound……Para. [0054], Lines 1-7).
Liang does not explicitly teach that the covering structure has a plurality of first openings and a frequency response of the sound producing package is adjusted by sealing at least one of the first openings.
Bobisuthi teaches in Figs. 1a, 1b and 1c of an outer cap 104 contains a number of openings 106a, 106c, 106d, and 106f and a frequency response of the earphone is adjusted by sealing openings 106b and 106e of the outer cap 104 by an external surface of an inner cap 102 as shown in Fig. 1b.
Liang and Bobisuthi each disclose an earphone. One of ordinary skill in the art could have modify the sound producing package of Liang with the covering structure having the plurality of openings as taught by Bobisuthi. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sound producing package of Liang with the covering structure having the plurality of openings as taught by Bobisuthi to yield the predictable result of protecting the components of the sound producing package from dust and damage while allowing independent adjustment of high- and low-frequency response of earphone.
Regarding claim 6, The combination of Liang and Bobisuthi teach all the features with respect to claim 1 as outlined above. Liang teaches that one of the first openings is corresponding to a center of the membrane (i.e. first membrane 110 (the film structure FS)) in a normal direction of the substrate (i.e. base BS) as shown in Fig. 3.
Regarding claim 7, The combination of Liang and Bobisuthi teach all the features with respect to claim 1 as outlined above. Bobisuthi teaches a top-view pattern of one of the first openings is a circle as shown in Fig. 1b.
Regarding claim 8, The combination of Liang and Bobisuthi teach all the features with respect to claim 1 as outlined above. Bobisuthi teaches that the covering structure comprises a top part and at least one sidewall part connected to the top part, and the top part has the first openings as shown in Fig. 1b.
Regarding claim 9, The combination of Liang and Bobisuthi teach all the features with respect to claim 1 as outlined above. Bobisuthi teaches that the acoustic wave passes through the first openings of the covering structure (The openings 106a, 106c, 106d, and 106f of outer cap 104 allow sound to pass from the transducer to the ear as shown in Fig. 1b).
Regarding claim 10, The combination of Liang and Bobisuthi teach all the features with respect to claim 1 as outlined above. Liang teaches that the membrane is configured to perform an acoustic transformation (Para. [0052], Lines 1-3).
Regarding claim 11, The combination of Liang and Bobisuthi teach all the features with respect to claim 1 as outlined above. Liang teaches that the actuator is configured to actuate the membrane by an electric signal, so as to drive the membrane to have a movement and to generate the acoustic wave (Para. [0053], Lines 1-3).
Regarding claim 12, The combination of Liang and Bobisuthi teach all the features with respect to claim 1 as outlined above. Liang teaches that the sound producing component is a micro electro mechanical system (MEMS) chip (Para. [0067], Lines 1-10).
11. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Liang in view of Bobisuthi and further in view of Liu et al. (hereinafter Liu) US-PG-PUB No. 2020/0033321.
Regarding claim 5, The combination of Liang and Bobisuthi teach all the features with respect to claim 1 as outlined above.
The combination of Liang and Bobisuthi do not explicitly teach that one of the first openings is situated at a center of the covering structure in a top view.
Liu teaches in Fig. 3N of a center hole 354 of a plurality of holes 352 is situated at a center of cover 350 in a top view.
The combination of Liang and Bobisuthi and Liu each disclose a sound producing package. One of ordinary skill in the art could have modify the covering structure of the combination of Liang and Bobisuthi with the one of the first openings is situated at the center of the covering structure in the top view as taught by Liu. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the covering structure of the combination of Liang and Bobisuthi with the one of the first openings is situated at the center of the covering structure in the top view as taught by Liu to yield the predictable result of allowing sound energy to pass through.
12. Claims 13-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bobisuthi et al. (Hereinafter Bobisuthi) US-PAT No. 5,729,605 in view of Liang et al. (hereinafter Liang) US-PG-PUB No. 2022/0014836.
Regarding claim 13, Bobisuthi teaches
A covering structure (Fig. 1a shows an outer cap 104), disposed or to be disposed within a sound producing package as shown in Fig. 1a, the covering structure (i.e. outer cap 104)comprising: a plurality of first openings (Fig. 1a shows four openings 106a, 106c, 106d, and 106f), formed on the covering structure as shown in Fig. 1a. Bobisuthi further teaches a frequency response of the earphone is adjusted by sealing openings 106b and 106e of the outer cap 104 by an external surface of an inner cap 102 as shown in Fig. 1b.
Bobisuthi does not explicitly teach that a sound producing package comprises a substrate and a sound producing component disposed on the substrate, the sound producing component comprises a membrane and an actuator, and the sound producing component is configured to generate an acoustic wave.
Liang teaches in Fig. 3 of a sound producing package (Fig. 3 shows a wearable sound device), comprising:
a substrate (Fig. 3 shows a base BS); a covering structure (Fig. 3 shows a housing structure HSS) disposed on the substrate (i.e. base BS). Liang further teaches a sound producing component (Fig. 3 shows an acoustic transducer 100) disposed between the substrate (i.e. base BS) and the covering structure (i.e. housing structure HSS) as shown in Fig. 3, wherein the sound producing component (i.e. acoustic transducer 100) comprises a membrane (Fig. 3 shows a first membrane 110 (the film structure FS)) and an actuator (Fig. 3 shows a first actuator 120) as shown in Fig. 3, and the sound producing component (i.e. acoustic transducer 100) is configured to generate an acoustic wave (acoustic transducer 100 produces a sound at the frequency of sound……Para. [0054], Lines 1-7).
Bobisuthi and Liang each disclose an earphone. One of ordinary skill in the art could have modify the sound producing package of Bobisuthi with the sound producing package comprises the substrate and the sound producing component disposed on the substrate, the sound producing component comprises the membrane and the actuator, and the sound producing component is configured to generate the acoustic wave as taught by Liang. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sound producing device of Bobisuthi with the components of the sound producing package as taught by Liang to yield the predictable result of improving the sound output of the sound producing package.
Regarding claim 14, The combination of Bobisuthi and Liang teach all the features with respect to claim 13 as outlined above. Liang teaches that the sound producing component is disposed between the substrate and the covering structure as shown in Fig. 3.
Regarding claim 15, The combination of Bobisuthi and Liang teach all the features with respect to claim 13 as outlined above. Liang teaches that the sound producing component is a micro electro mechanical system (MEMS) chip (Para. [0067], Lines 1-10).
Regarding claim 16, The combination of Bobisuthi and Liang teach all the features with respect to claim 13 as outlined above. Liang teaches that one of the first openings is corresponding to a center of the membrane (i.e. first membrane 110 (the film structure FS)) in a normal direction of the substrate (i.e. base BS) as shown in Fig. 3.
Regarding claim 18, The combination of Bobisuthi and Liang teach all the features with respect to claim 13 as outlined above. Bobisuthi teaches that a top-view pattern of one of the first openings is a circle as shown in Fig. 1b.
Regarding claim 19, The combination of Bobisuthi and Liang teach all the features with respect to claim 13 as outlined above. Bobisuthi teaches that the covering structure comprises a top part and at least one sidewall part connected to the top part, and the top part has the first openings as shown in Fig. 1a.
Regarding claim 20, The combination of Bobisuthi and Liang teach all the features with respect to claim 13 as outlined above. Liang teaches that the sound producing component is a MEMS chip (Para. [0067], Lines 1-10).
13. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Bobisuthi in view of Liang and further in view of Liu et al. (hereinafter Liu) US-PG-PUB No. 2020/0033321.
Regarding claim 17, The combination of Bobisuthi and Liang teach all the features with respect to claim 13 as outlined above.
The combination of Bobisuthi and Liang do not explicitly teach that one of the first openings is situated at a center of the covering structure in a top view.
Liu teaches in Fig. 3N of a center hole 354 of a plurality of holes 352 is situated at a center of cover 350 in a top view.
The combination of Bobisuthi and Liang and Liu each disclose a sound producing package. One of ordinary skill in the art could have modify the covering structure of the combination of Bobisuthi and Liang with the one of the first openings is situated at the center of the covering structure in the top view as taught by Liu. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the covering structure of the combination of Bobisuthi and Liang with the one of the first openings is situated at the center of the covering structure in the top view as taught by Liu to yield the predictable result of allowing sound energy to pass through.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELICA M MCKINNEY whose telephone number is (571)270-3321. The examiner can normally be reached 7AM-3PM EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached at (571-272-7574. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANGELICA M MCKINNEY/Primary Examiner, Art Unit 2694
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