The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-5, 7, 10, 16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ko et al. (US 2022/0312124).
Regarding claims 1 and 16, Ko discloses a sound device (see figs. 12-17, for example), comprising: a transducer 100 including a diaphragm 700; a nozzle 2Ba spaced apart from the diaphragm 700; a holder 1000 disposed between the diaphragm 700 and the nozzle 2Ba (see fig. 17, for example), the holder 1000 including: a bottom plate 1200 including a rim and a hole (see fig. 16, for example), the bottom plate 1200 facing the diaphragm 700 with a space being provided between the diaphragm 700 and the bottom plate 1200 (e.g., diaphragm 700 needs the space to vibrate freely); and a side wall extending from the rim of the bottom plate 1200, the side wall being coupled to the transducer 100 (see fig. 13, for example, which teaches that a side wall of the holder 1000 is coupled to a bottom portion of the transducer 100); and a microphone 900 coupled to the holder 1000, the microphone 900 being disposed inside the nozzle 2Ba (see fig. 17, for example).
Regarding claim 2, the hole of the bottom plate 1200 is disposed between the diaphragm 700 and an inner space of the nozzle 2Ba. The space between the diaphragm 700 and the bottom plate 1200 communicates with an internal space of the nozzle 2Ba through the hole of the bottom plate 1200. See figs. 15-17, for example.
Regarding claim 3, a width of the side wall extending from the rim of the bottom plate 1200 becomes smaller proceeding toward the bottom plate 1200. See fig. 13, for example, which teaches that the width of the side wall near the bottom plate 1200 is less than the width of the side wall furthest from the bottom plate 1200.
Regarding claim 4, the holder 1000 further comprises a round tray shape. See fig. 16, which teaches that the holder 1000, specifically the portion 1200 of the holder 1000, has a round tray shape when viewed from the bottom up in the fig. 16 (see also, fig. 16). The round tray shape includes the hole provided in the bottom plate 1200.
Regarding claim 5, the holder 1000 further comprises a supporter 1100 protruding from the bottom plate 1200 toward the nozzle 2Ba. The supporter 1100 is disposed inside the nozzle 2Ba. The microphone 900 is coupled to the supporter 1100. See figs. 15-17, for example.
Regarding claims 7 and 18, the sound device further includes a housing 2B including a housing hole. See fig. 17, for example. The housing 2B accommodates both the transducer 100 and the holder 1000. The housing 2B is coupled to the nozzle 2Ba. The housing hole communicates with both the hole of the bottom plate 1200 and the internal space of the nozzle 2Ba.
Regarding claim 10, the housing 2B comprises a recessed portion (e.g., the portion of the housing 2B which accommodates the transducer 100). See fig. 17, for example. The recessed portion is provided on the bottom plate 1200 of the holder 1000 at an inner surface of the housing 2B. The recessed portion includes the housing hole.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al. (US 2022/0312124), as applied to claim 5 and claim 16 above, in further view of Kim et al. (US 2023/0254628).
Ko discloses the invention as claimed, including a circuit board FB (e.g., a flexible printed circuit board) which is electrically connected to the transducer 100 (see para. 0105), but fails to specifically teach that a circuit board is electrically connected to the microphone 900, wherein the circuit board is coupled to the supporter 1100 and the circuit board surrounds both the holder 1000 and the transducer 100. Kim discloses a sound device having a nozzle 103, a transducer 220, a holder including a supporter 322 disposed inside the nozzle 103, and a microphone 310 coupled to the supporter 322, and further including a circuit board FPCB (e.g., a flexible printed circuit board) electrically connected to the microphone 310, wherein the circuit board FPCB is coupled to the supporter 322 and the circuit board FPCB surrounds both the holder and the transducer 220, in the same field of endeavor, for the purpose of electrically connecting the microphone 210 and the transducer 220 using a single circuit board FPCB in the sound device (see figs. 2, 4, and 7, for example, and para. 0047, regarding “the speaker module 220 may be electrically connected to the microphone module 210 by using a connection member (e.g., connection member 322 in FIG. 4 or FPCB”; see also, para. 0052, regarding “at least some of the printed circuit board 320 may be disposed along the sidewall of the speaker module 220”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ko, in view of Kim, such that a circuit board is electrically connected to the microphone 900, wherein the circuit board is coupled to the supporter 1100 and the circuit board FB surrounds both the holder 1000 and the transducer 100. A practitioner in the art would have been motivated to do this for the purpose of electrically connecting the microphone 900 and the transducer 100 using a single circuit board in the sound device of Ko, as taught by Kim.
Claims 8, 9, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al. (US 2022/0312124), as applied to claim 7 and claim 18 above, in further view of Kim et al. (US 2023/0254628).
Ko discloses the invention as claimed, including that the nozzle 2Ba includes a nozzle wall being coupled to the housing 2B, and the nozzle wall extending along a rim of a nozzle opening (see fig. 17, for example), but fails to specifically teach that the nozzle 2Ba further includes: a nozzle plate forming a distal end of the nozzle 2Ba, the nozzle plate including a plurality of holes; and a support rib protruding from an inner surface of the nozzle wall toward a part (e.g., element 1100) of the holder 1000 coupled to the microphone 900, wherein the support rib supports the part of the holder coupled to the microphone 900. Kim discloses a sound device having a housing, a nozzle 103, a holder including a supporter 322 disposed inside the nozzle 103, and a microphone 310 coupled to the supporter 322, wherein the nozzle 103 includes: a nozzle plate forming a distal end of the nozzle 103, the nozzle plate including a plurality of holes 103; a nozzle wall extending along a rim of the nozzle plate, the nozzle wall being coupled to the housing; and a support rib (has a side 105a) protruding from an inner surface of the nozzle wall toward a part of the holder coupled to the microphone 310, wherein the support rib supports the part of the holder coupled to the microphone 310, in the same field of endeavor, for the purpose of securely supporting the microphone 310 within the nozzle 103 and limit any vibrational movement of the microphone 310 within the nozzle 103 (see fig. 7 and para. 0067).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ko, in view of Kim, such that the nozzle 2Ba further includes: a nozzle plate forming a distal end of the nozzle 2Ba, the nozzle plate including a plurality of holes; and a support rib protruding from an inner surface of the nozzle wall toward a part (e.g., element 1100) of the holder 1000 coupled to the microphone 900, wherein the support rib supports the part of the holder coupled to the microphone 900. A practitioner in the art would have been motivated to do this for the purpose of securely supporting the microphone 900 within the nozzle 2Ba and limit any vibrational movement of the microphone 900 within the nozzle 2Ba.
Regarding claim 9, the support rib is inclined toward the nozzle plate. See Kim, fig. 7.
Claims 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al. (US 2022/0312124), as applied to claim 7 above, in further view of Ko et al. (KR 20230072704 A, in view of the English Language Translation).
Ko ‘124 discloses the invention as claimed, including that the sound device includes a housing 2B (see fig. 17, for example), but fails to specifically teach that the housing further includes a vent hole, wherein the vent hole penetrates the housing 2B and communicates with an interior of the housing 2B, wherein air passes through the vent hole and flows into the microphone 900 inside the nozzle 2Ba through the transducer 100, the hole of the bottom plate 1200, and the housing hole of the housing 2B. Ko ‘704 discloses a sound device including a housing, a nozzle Hb, and a transducer S, wherein the housing includes a vent hole Hc (see fig. 1, for example), wherein the vent hole Hc penetrates the housing and communicates with an interior of the housing, and wherein air passes through the vent hole Hc and flows inside the nozzle Hb through the transducer S and a housing hole of the housing, in the same field of the endeavor, for the purpose of providing “an air pressure equilibrium structure [which] can be formed to remove the feeling of pressure in the wearer’s ear and protect the wearer’s hearing” (see ELT, para. 0054).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ko ‘124, in view of Ko ‘704, such that the housing further includes a vent hole, wherein the vent hole penetrates the housing 2B and communicates with an interior of the housing 2B, wherein air passes through the vent hole and flows into the microphone 900 inside the nozzle 2Ba through the transducer 100, the hole of the bottom plate 1200, and the housing hole of the housing 2B. A practitioner in the art would have been motivated to do this for the purpose of providing an air pressure equilibrium structure which can be formed to remove the feeling of pressure in the wearer’s ear.
Regarding claim 14, Ko ‘704 teaches that the transducer S (see figs. 1 and 2) includes a frame to which a diaphragm is coupled, and a guide hole provided in the frame (see dotted arrow in fig. 1 passing through a guide hole of a frame), wherein the air passes through the vent hole Hc, and then flows inside the nozzle Hb through the guide hole and the housing hole of the housing. It would have been obvious to include a guide hole provided in a frame of the transducer 100 of Ko ‘124, for the purpose of improving air flow through the transducer 100 as taught by Ko ‘704.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ko et al. (US 2022/0312124) considered with Ko et al. (KR 20230072704 A, in view of the English Language Translation), as applied to claim 11 above, in further view of Gauger, Jr. et al. (US 9,792,893).
Ko, as modified and applied to claim 11 above, discloses the invention as claimed, but fails to specifically teach that the transducer 100 is configured to play a sound having an anti-phase with respect to noise detected by the microphone 900. Gauger, Jr. discloses a sound device including a nozzle (see figs. 3 and 7, for example), including: a microphone 26 mounted in the nozzle; and a transducer 12, wherein the transducer 12 is configured to play a sound having an anti-noise (anti-phase) with respect to noise detected by the microphone 26, in the same field of endeavor, for the purpose of substantially reducing and/or canceling external noise by generating anti-noise (anti-phase) using the microphone 900 mounted in the nozzle (see col. 2, lines 53-61).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Ko, in view of Gauger, Jr., such that the transducer 100 is configured to play a sound having an anti-noise (anti-phase) with respect to noise detected by the microphone 900. A practitioner in the art would have been motivated to do this for the purpose of substantially reducing and/or canceling external noise by generating anti-noise (anti-phase) using the microphone 900 mounted in the nozzle.
Claims 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al. (US 2022/0312124), as applied to claim 7 and claim 18 above, in further view of Liu et al. (US 2023/0317049).
Ko discloses the invention as claimed, including that the microphone 900 is located inside the nozzle 2Ba (see fig. 17, for example), but fails to specifically teach that the sound device further includes: an inner bracket configured to divide an internal space of the housing into a first space including the transducer 100 and a second space; and a substrate disposed in the second space, wherein a noise recognition microphone is mounted on the substrate, wherein the housing further includes a noise inflow hole provided in the housing and in communication with the noise recognition microphone, wherein the transducer 100 is configured to play a sound having an anti-phase with respect to a noise detected by the noise recognition microphone, and wherein the microphone 900 inside the nozzle 2Ba is a feedback microphone. Liu discloses a sound device (see fig. 9, for example) including a nozzle, a housing, an inner bracket 816 configured to divide the internal space of the housing into a first space including a transducer 102 and a second space including a substrate (e.g., microphone mounting structure), wherein a noise recognition microphone 802 is mounted on the substrate, wherein the housing further includes a noise inflow hole formed to penetrate the housing and communicate with the noise recognition microphone 802, wherein the transducer 102 plays a sound having an anti-phase with respect to a noise detected by the noise recognition microphone 802 (see para. 0029), and wherein a feedback microphone 804 is located inside the nozzle. Liu discloses such a sound device, in the same field of endeavor, for the purpose of “substantially reduces and/or cancels the external noise by generating anti-noise” using both the feedback microphone 804 and the noise recognition microphone 802 (see para. 0029).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ko, in view of Liu, such that the sound device further includes: an inner bracket configured to divide an internal space of the housing into a first space including the transducer 100 and a second space; and a substrate disposed in the second space, wherein a noise recognition microphone is mounted on the substrate, wherein the housing further includes a noise inflow hole provided in the housing and in communication with the noise recognition microphone, wherein the transducer 100 is configured to play a sound having an anti-phase with respect to a noise detected by the noise recognition microphone, and wherein the microphone 900 inside the nozzle 2Ba is a feedback microphone. A practitioner in the art would have been motivated to do this for the purpose of substantially reducing and/or canceling external noise by generating anti-noise using both the feedback microphone 900 and the noise recognition microphone.
Claim 13 is 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on the PTO-892 each disclose an earphone including a transducer and a microphone.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W HUBER whose telephone number is (571)272-7588.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen, can be reached at telephone number 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W HUBER/Primary Examiner, Art Unit 2691
pwh
January 23, 2026