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 .
Claims filed 07-10-2024
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11-15-2024 and 01-27-2026 was filed after the mailing date of the 07-10-2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Element 514, Conduction Opening, was not identified within the drawings in Figure 5 but was mentioned in the claims and specification. 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. 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.
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 12 recites the limitation “tape", “tape” lacks proper antecedent basis. For purposes of this examination, it will be interpreted as “the tape”. Appropriate correction is required.
Claim 13 recites the limitation "at least one charging contact point", “charging contact point” lacks proper antecedent basis. For purposes of this examination, it will be interpreted as “the at least one charging contact point”. Appropriate correction is required.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Westerkull US Publication 2018/0310107 A1 in view of Solum US Publication 2019/0268680
Regarding claim 1, Westerskull teaches an earbud device (Fig 8 (800), para 65) comprising: A top cover (Fig 8 [801]), wherein a printed circuit board, battery, and a bone conduction transducer (Fig 8 [801]) are housed within the top cover (See para 47. The hearing aid device 101 may, in general, also include a microphone, electronics, battery and volume control which are not shown in the drawings.); the top cover is secured to the male bottom cover (Fig 8 [801]), wherein the male bottom cover (Fig 8 [801], fig 8 does not explicitly show a distinction within the drawings, the top cover is the uppermost portion of [801] and the male bottom cover is the lowest most portion of [801].) is removably engaged with a female bottom cover (Fig 8 [804], both the male and female cover have a connection point through a connector that can easily remove. See para 65); and tape (Fig 8 [809]) is removably secured to the female bottom cover ((Fig 8 [804], the adhesive is a double-sided sheet that is applied to a more comfortable position of the skin. See para 54, 55).
Westerskull does not explicitly teach the male bottom (Fig 8 [801]) cover comprises of a charging contact point.
Solum Teaches a male bottom cover, wherein the male bottom cover comprises at least one charging contact point (Fig 6 B, C [652]. The device is separated into three parts where each contact point to their respective part could be used differently. See para 128. The contacts mirror the contacts (552, 554), in figure 5, as attachment options for the device and serve a multirole function as an electrical and other physical connection. See para 124).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement wherein the charging contact point is located within the male bottom cover as taught by Solum in Westerskull’s invention. The motivation would have been to improve usability, enable its installation in to portable case or a tether with multiple orientation. In Solum, see para 129.
Regarding claim 2, Westerkull discloses wherein the tape (Fig 8 (809) has an outer adhesive (Fig 8 [809], the adhesive side make contact with the user’s skin) on an outer surface of the tape (The adhesive is a double-sided adhesive sheet. The female bottom cover is the same adhesive sheet. Figure 1 and 8 have similar physical characteristics, with the exception being their connector designs, the adhesive in both figures is the same.
Regarding claim 3, Westerkull disclose wherein the earbud device (Fig 8 [800]) is secured to a user by placing the outer adhesive (Fig 8 [809]) of the outer surface of the tape (Fig 8 (809) onto a user’s skin (the skin interface uses an adhesive surface to connect to user’s skin and polymer sheet to polymer sheet to allow removability. See para 55, 65).
Regarding claim 4, Westerkull disclose wherein the printed circuit board is secured to the battery, and the battery is secured to the bone conduction transducer (Fig 8, within the hearing aid device [801], the battery and circuitry is connected and housed in the hearing device, but not explicitly shown within the drawing. See para 47, 65).
Regarding claim 5, Westerskull disclose wherein the male bottom cover comprises a conduction opening (Fig 1, 8 [103,803], para 44, 65) for bone conduction transducer output to the user (Since Fig 8 is based on Fig 1, 103/803 it is in the housing connector for the bottom male cover. Para 9, “housing connector configured for “coupling” out sound vibrations from hearing aid vibrator. See para 21, conduction opening. the Skin interfaces may contain one or more through holes between the inner and outer surfaces. In fig A below, the vibrator sends signals to simulate the hearing organ. Sound vibration is being transferred through the hearing device (101, 801), see para 53).
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Claims 8-9, are rejected under 35 U.S.C. 103 as being unpatentable over Westerkull US Publication 2018/0310107 A1 in view of Solum US Publication 2019/0268680, in further view of Yanz US Patent 8452021 B2
Regarding Claim 8, Westerskull teaches further comprising: the male bottom cover (Fig. 8 [801]) and the female bottom cover (Fig 8 [804]) (In fig 8, the male bottom cover comprises of the male connector and the female bottom cover retains the skin interface, see para 65).
(In Fig 7A and 7B, Westerkull discloses that there is sloping contact surface within hearing aid device that allows for a rotational clockwise motion to disconnect from skin interface, which also has a similar sloping contact. These physical features allow for a twist unlocking method. See para 63-64, in Westerkull)
Westerkull does not explicitly teach the earbud device in accordance to claim 1,
includes a male twist lock; includes a female twist lock, wherein the male twist lock is removably engaged with the female twist lock.
Yanz modifies includes a male twist lock (Fig 1B [105]); includes a female twist lock (Fig 1B [104]), wherein the male twist lock is removably engaged (Fig 1C, Col 3, lines 40-48) with the female twist lock (the hearing assistance device uses an attached threaded connector, and said device is engaged with the earhook using a friction fit connector, or a twist and lock connector. Though it is not shown, it would be obvious with one who skill in the art that a receiving component is within the earhook. See Col 3, lines 17-19, in Yanz)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention include the teachings of a male twist lock, a female twist lock, wherein the male twist lock is removably engaged with the female twist lock as taught by Yanz in Westerskull’s invention. The motivation would have been in order to provide a more secured connection.
Regarding claim 9, Westerskull discloses wherein the male bottom (Fig 8 [801]) cover comprises a conduction opening (see figure in claim 5) for bone conduction transducer (the hearing aid device secures both the top and male bottom cover, and houses the conduction transducer output to the user. See para 52.).
(In Fig 7A and 7B, Westerkull discloses that there is sloping contact surface within hearing aid device that allows for a rotational clockwise motion to disconnect from skin interface, which also has a similar sloping contact. These physical features allow for a twist unlocking method. See para 63-64, in Westerkull)
Westerkull does not explicitly teach the earbud device in accordance to claim 1, within the male twist lock.
Yanz modifies includes within the male twist lock (Fig 1B [105], the hearing assistance device uses an attached threaded connector, and said device is engaged with the earhook using a friction fit connector, or a twist and lock connector. Though it is not shown, it would be obvious with one who skill in the art that an receiving component is within the earhook. See para 13, in Yanz)
It would have been obvious to one of ordinary skill in the art before the effective filling date the claimed invention as taught by Yanz in Westerskull’s invention. The motivation would have been to prevent pulling the earbud device off with a force which may cause the adhesive surface to be torn off the user’s skin, see para 64.
Claims 6-7, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Westerkull US 2018/0310107 A1 in view of Solum US 2019/0268680 A1, in further view of Lee US 2022/0295187 A1.
Regarding claim 6, Westerkull teaches the presence of the lower portion (Fig 8 [804]) of the earbud device (the lower portion, which comprises of the female bottom cover is responsible to anchoring to the user’s skin).
Westerkull does not explicitly teach the earbud device in accordance to claim 1, where a storage case is present.
Lee modifies further comprising a storage case (Fig 15 [81]) for at least one lower portion (As shown in the figure, the case has a dual role of both retaining the earbuds and recharging them if needed. Contact point (PINS) are located in the lower portion of the earbud and connect to the charging springs of the case).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement a storage case for at least one lower portion as taught by Lee in Westerskull’s invention. The motivation would have been providing an accommodation space for the two wireless headsets. In Lee, see para 148.
Regarding claim 7, Westerkull discloses the earbud device is singular in function based on Fig 8.
Westerkull does not explicitly disclose the earbud device according to claim 1, where the device further comprises of two earbud devices.
Lee further modifies the device, further comprising two earbud devices (Fig 13 [200], 14. In the figure the two wireless earbud devices placed within the charging and Storage case).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement two earbud devices as taught by Lee in Westerskull’s invention. The motivation would have been providing stereo system to improve the performance of listening to music, calling, and wearing headsets. In Lee, see para 81.
Regarding claim 10, Westerkull teaches an earbud device system, comprising: at least one earbud (Fig 8 [800]) with a bone conduction transducer (Fig 8 [800]), and tape (Fig 3[109]) is removably secured to the female bottom cover (Fig 8 [804]).
Westerskull does not explicitly teach wherein: a male bottom cover with at least one charging contact point is removably engaged with a female bottom cover; A charging case is electrically charge an upper portion of at least one earbud device, wherein the charging case has at least one earbud charger bay and at least one charging contact pin; a storage case, wherein the at least one female bottom cover with tape is stored within the storage case.
Solum teaches, wherein the male bottom cover (Fig 6B [670B]) comprises at least one charging contact point (Fig 6 B, C [652]) is removably engaged with a female bottom cover (Fig 6B [670C], the device is separated into three parts where each contact point to their respective part could be used differently. See para 128. The contacts mirror the contacts (552, 554), in figure 5, as attachment options for the device and serve a multirole function as an electrical and other physical connection. See para 124).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention as taught by Solum in Westerskull’s invention. The motivation for Solum would have been to improve usability, enable its installation in to portable case or a tether with multiple orientation. See para 129, in Solum.
Lee teaches, a charging case (Fig 13 [8], para 148) to electrically charge an upper portion (Fig 1 [1], para 85) of at least one earbud device (Fig 13 [200], para 200), wherein the charging case has at least one earbud charger bay (Fig 13 [200],) and at least one charging contact pin (Fig 13 [803]) ; and a storage case (Fig 13 [8]), wherein the at least one female bottom cover (Fig 12 [54], para 146) with tape (Fig 11 [232], para 93) is stored within the storage case ( The portable case acts as a charging and storage case. As shown in Fig 13 -15, the earbud headset is retained within the charging case body. Once the charging springs and pins in the charging case have direct contact with the earbud headset, a loop is formed where the headset battery may charge. See para 145. A double-sided tape could be applied to the upper and lower surfaces of the water/dust proof film to fasten the flexible printed circuit to the bottom housing. The bottom housing, which houses the headset’s charging pins, connect to the charging springs in the charging case. See para 93).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of a charging case to electrically charge an upper portion of at least one earbud device, wherein the charging case has at least one earbud charger bay and at least one charging contact pin as taught by Lee in Westerskull’s invention. The motivation would have been simplify a structure design and increase space utilization. The charging case was configured to accommodate the wireless headset and use the case as power supply. See para 53, in Lee.
Claims 11-13, are rejected under 35 U.S.C. 103 as being unpatentable over Westerkull US Publication 2018/0310107 A1 in view of Solum US Publication 2019/0268680, in further view of Lee US Publication 20220295187, in further view of Yanz US Patent 8452021 B2
Regarding claim 11, Westerskull disclose wherein the at least one earbud device (Fig 8 [800]) further comprises: a top cover, wherein a printed circuit board (Fig 8 [801]), a battery, and the bone conduction transducer are housed within the top cover (the circuit board, battery, and bone conduction transducer are not shown in the drawing but found within the hearing aid device 801, as well as other essential elements are not shown in the drawing. See para 47), the top cover is secured to the male bottom cover (Fig 8 [801]); and on the male bottom is removably engaged on the female bottom cover (Fig 8 [804]).
Westerkull does not explicitly teach the earbud device in accordance to claim 10, a male twist lock with a female twist lock.
Yanz modifies includes a male twist lock (Fig 1B [105]) with female twist lock (Fig 1B [104]), the hearing assistance device uses an attached threaded connector, and said device is engaged with the earhook using a friction fit connector, or a twist and lock connector. Though it is not shown, it would be obvious with one who skill in the art that a receiving component is within the earhook. See para 13, in Yanz)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of a male twist lock with a female twist lock as taught by Yanz in Westerskull’s invention. The motivation would have been in order to provide a more secured connection.
Regarding claim 12, Westerskull discloses wherein: the upper portion of the at least one earbud device includes the top cover (Fig 8 [801]), and male bottom cover (Fig 8 [801]), a printed circuit board (Fig 8 [801]), a battery, and a bone conduction transducer (Fig 8 [801], the circuit board, battery, and bone conduction transducer are not shown in the drawing but found within the hearing aid device 801, as well as other essential elements are not shown in the drawing. See para 47); a lower portion of the earbud device comprises the female bottom cover (Fig 8 [804]) and tape (Fig 8 [809]), the lower portion comprises of the female bottom and tap that makes contact with the skin.); the female bottom cover is removed from the male bottom cover (In Fig 7A, connection, and in 7B, the mating components are disconnected, as shown below. See para 63).
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Westerskull does not explicitly teach where the upper portion is inserted into the charging case.
Lee teaches the upper portion (Fig 13 [200]) is inserted into the charging case (Fig 13 [81]), the charging springs (801 & 802) keen to their respective corresponding space that is in the charging case body).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention as taught by Lee in Westerskull’s invention. The motivation would have been to improve space utilization and use to the accommodation space for the headset as a charger. See para 147, in Lee.
Regarding claim 13, Westerskull does not explicitly teach, wherein at least one charging contact point on the male bottom cover connects at least one charging contact pin on the charging case.
Lee teaches wherein at least one charging contact point (Fig 13 [81]) on the male bottom cover (Fig 13 [200]) connects to at least charging contact pin (Fig 13 [803]) on the charging case (As shown in Fig 13 -15, the earbud headset is retained within the charging case body. Once the charging springs and pins in the charging case have direct contact with the earbud headset, a loop is formed where the headset battery may charge).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of wherein at least one charging contact point on the male bottom cover connects at least one charging contact pin on the charging case as taught by Lee in Westerskull’s invention. The motivation would have been to simplify a structure design and increase space utilization. See para 147, in Lee.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Westerkull US Publication 2018/0310107 A1 in view of Solum US Publication 2019/0268680, in further view of Lee US Publication 20220295187, in further view of Yanz US Patent 8452021 B2 in view of Feng US 2021/0281942 A1
Regarding claim 14, Westerskull does not explicitly teach the comprising a slidable top for the charging case base on the charging case.
Feng teaches the system m further comprising a slidable top (Fig 5 [13]) connected to a charging case base (Fig 5 [1511]) on the charging case (Fig 5 [11]), the case cover is attached to the case via magnetic block that slides along a chute. See para 38).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention of a slidable top connected to a charging case base on the charging case as taught by Feng in Westerskull’s invention. The motivation would have been when utilizing a charging case, the case cover would not detach from the case body and go missing.
Regarding claim 15, Westerskull does not explicitly teach a slidable top is magnetically secured to the charging case base.
Feng teaches the system further comprising a slidable top (Fig 5 [13]) is magnetically (Fig 5 [155], the 1st & 2nd positioning part are attracted to each other to position the lid & case body. See para 38).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention of a slidable top connected to a charging case base on the charging case as taught by Feng in Westerskull’s invention. The motivation would have been when utilizing a charging case, the case cover would not detach from the case body and go missing.
Claims 16-17, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Westerkull US 2018/0310107 A1 in view of Lee US 2022/0295187 A1.
Regarding claim 16, Westerskull discloses an earbud device (Fig 8 [800]), removing a lower portion (Fig 8 [804]) that at least one earbud device from an upper portion (Fig 8 [801]) of the at least one earbud device.
Westerskull does not explicitly teach a storing method of an earbud device method, where storing at least one earbud in a storage case. Nor engaging the upper portion in a charging case.
Lee teaches storing the lower portion (Fig 12 [54]) of the at least one earbud device in a storage case (Fig. 13 [81], as shown in the figure, the case has a dual role of both retaining the earbuds and recharging them if needed. Contact point (PINS) are located in the lower portion of the earbud and connect to the charging springs of the case) and engaging the upper portion (Fig. 15 [803]) of the at least one earbud in a charging case (Fig. 13 [81], the charging pin of the head case is part of a charge loop that follows the power distributed from the case through the springs to contact pts in the lower portion of the earbuds to the battery within the device, through the charging pin into the case. See para 148, 149).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of a storing method of an earbud device method, where storing at least one earbud in a storage case. Nor engaging the upper portion in a charging case as taught by Lee in Westerskull’s invention. The motivation would have been to improve space utilization and use to the accommodation space for the headset as a charger. See para 147, in Lee.
Regarding claim 17, Westerskull discloses wherein the lower portion include the female bottom cover (Fig 8 [804]) and tape (Fig 8 [809], the lower portion of the earbud device contains the female housing connector and the double-sided sheet [para 55] that is the adhesive to the skin interface. See para 65).
Regarding claim 19, Westerkull disclose herein the tape (Fig 3 [109]) has adhesive (Fig 8 [809]) on the outer surface of the tape (The tap is a double-sided adhesive sheet what designed to attach to the skin interface. Figure 1 and 8 have similar physical characteristics, with the exception being their connector designs, the adhesive in both figures is the same. See para 55, 65).
Claims 18, 20, are rejected under 35 U.S.C. 103 as being unpatentable over Westerkull US Publication 2018/0310107 A1 in view of Lee US Publication 20220295187, in further view of Yanz US Patent 8452021 B2
Regarding claim 18, Westerskull discloses where in the lower portion (Fig 8 [804]) that at least on earbud device (Fig 8 [800]) is removed from the upper portion (Fig 8 [800]) of the at least one earbud device on the upper portion on the lower portion. In fig 8, the male bottom cover comprises of the male connector and the female bottom cover retains the skin interface, see para 65).
(In Fig 7A and 7B, Westerkull discloses that there is sloping contact surface within hearing aid device that allows for a rotational clockwise motion to disconnect from skin interface, which also has a similar sloping contact. These physical features allow for a twist unlocking method. See para 63-64, in Westerkull)
Westerkull does not explicitly teach the earbud device in accordance to claim 16, using male twist lock and a female twist lock.
Yanz modifies includes using male twist lock (Fig 1B [105]) and a female twist lock (Fig 1B [104]), the hearing assistance device uses an attached threaded connector, and said device is engaged with the earhook using a friction fit connector, or a twist and lock connector. Though it is not shown, it would be obvious with one who skill in the art that a receiving component is within the earhook. See para 13, in Yanz)
The motivation would have been in order to provide a more secured connection.
Regarding claim 20, Westerskull discloses further comprising pressing the tape (Fig 8 [809]) of the at least one earbud device on the user’s skin (the skin adhesive allows the skin interface to be removably connected to a skin of the user. See para 54, 65).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liao (U.S Patent No. 20240244372A1) teaches recyclable patch-type bone conduction earphone.
Forrester (U.S Patent No. 20230208193A1) teaches inductive charging case.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS A BARBOZA whose telephone number is (571)272-9626. The examiner can normally be reached Monday-Friday 7:30 am to 5 pm, Alternate Fridays: off.
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/MARCUS A BARBOZA/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692