Notice of Pre-AIA or AIA Status40
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao et al. (US20180160214A1), hereinafter “Zhao”.
As to Claim 1, Zhao teaches an outer ear structure of a recording system (earphone 1, Figure 1), comprising: a base (rear housing 1) comprising a first through hole extending along a first axis ( rear housing forming a rear acoustic cavity [0034] ); a first component ( front housing 3), disposed on the base ( rear housing, [0034], Figure 1, 2) and comprising a second through hole( front acoustic cavity, [0034) corresponding to the first through hole( rear acoustic cavity formed between the rear housing and the loudspeaker unit, [0009] and [0034]) and a recessed area( plurality of sound outlet holes 31) surrounding the second through hole ( arranged on the front housing 3 and thus the front acoustic cavity formed by the front housing 3); and a second component ( sound adjusting element 4 including sound adjusting holes 41, Figures 1 and 2, [0034]), disposed on the first component( coupled to the front housing 3, [0034) and offset from the second through hole ( [0042] and [0043] Figure 3 shows the sound outlet hole 31 on the front housing 3 and the sound adjusting hole 41 of the sound adjusting element 4 are adjustable to be not in line with each other and thus offset since the position between the sound adjusting hole 41 and the sound outlet hole 31 changes) , wherein an area of the second component( sound adjusting element 4) is smaller than an area of the first component ( front housing 3, as shown on Figure 1), the second component ( sound adjusting element )comprises an inwardly curved side wall facing the first axis( clamping claws 42 extending from the interior of the sound adjusting element 4, [0041], Figures 4-6 and a pair of clamping claws 42 are provide, and are symmetrically distributed with respect to the central axis of the sound adjusting element 4 respectively. Arc-shaped recesses for matching with the position posts 32 are arranged at the lower portions of the clamping claws 42, and the arc-shaped recess is the mode adjustment groove 421. [0043].
As to Claim 7, Zhao teaches the limitations of Claim 1, and regarding the following: wherein the recessed area is a sloped recess or a stepped recess, Zhao teaches the plurality of sound outlet holes 31 with different shapes, [0038], and as shown on the Figures 1 and 2 the sound outlet holes 31 forms a stepped recess. See Zhao on Figure 2.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
2. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US20180160214A1), hereinafter “Zhao” in view of Liu et al. (US2015/0110320A1), hereinafter “Liu”.
As to Claim 2, Zhao teaches the limitations of Claim 1, but does not explicitly teach wherein a thickness of the base is less than 23.98 mm. However, Liu in related field (Earphones) teaches an earmold having a thickness of 2mm to 4mm. See at least [0051]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to select a base which is less than 23.98mm depending on the desired comfortable fit on the user’s ear.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US20180160214A1), hereinafter “Zhao”.
As to Claim 3, Zhao teaches the limitations of Claim 1, and a diameter of the first through hole (diameter of the rear cavity formed by rear housing 1, Figure 1, [0034]) is constant along the first axis (front portion extending toward front housing 3 as shown on Figure 1), but does not explicitly teach wherein at least a portion of the first through hole is gradually expanded along a direction toward the first component. However, it would have been obvious to one of ordinary skill in the art to modify the shape of the housing such that a portion of cavity formed by the housing is gradually expanding along the direction of first component or front housing 3 of Zhao depending on the desired earphone shape that fits comfortably on the ear of the user.
Allowable Subject Matter
Claims 4-6, 8 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 9-12 are allowed. The independent Claim 9, identifies a uniquely distinct feature of “An outer ear module of a recording system, comprising: a base, comprising a first through hole extending along a first axis, a plate portion, and a pipe, wherein the plate portion comprises a first surface and a second surface opposite to each other, and the pipe protrudes from the first surface; a first component, disposed on the second surface” The closest prior art to Liu (US 20150110320) teaches FIG. 6A shows an exploded perspective view of another embodiment of an earbud 600, including a front member 610 and a rear member 620, that together enclose and seal internal components of the earbud, including the driver or diaphragm assembly 640. The front member 610 includes an anchor protrusion 611 and a sound funnel (not shown). The anchor protrusion 611 is configured to fit into a securing aperture (not shown) in an earmold 680. See at least [0066]. The prior art does not explicitly teach the limitations of Claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691