Byl DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-22 are pending.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the “end surface located between the first and second member of claims 6 and 14, and “a rib” of claim 8 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
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) 1-8, 12, 14, 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pribyl et al (US Publication No. 20130315414 A1) in view Kim (US Publication No. 20230254628 A1).
Regarding claim 1, Pribyl teaches a wearable electronic device (earphone) comprising: a speaker (speaker, 1) disposed in an electronic device and configured to generate sound; and a microphone (microphone, 6) facing at least a portion of the speaker, wherein the speaker (1) comprises an oscillation member (membrane, 3) facing the microphone (6), and wherein at least a portion of the oscillating member is formed curved in a direction away from the microphone (fig. 2, wherein the membrane curves relative to microphone, 6) for production of sound at the desired frequency.
Pribyl fails to teach the specifics of a housing of the electronic device.
Kim teaches a housing (housing, 110) for use an earphone; a port (nozzle part, 103) coupled to the housing and including a sound passage (101, 103) communicating with an outside of the housing that incorporates speaker and microphone components.
It would have been obvious matter of design choice to configure an earphone housing with space for speaker and microphone components since Applicant's has not disclosed that having the parts solve any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the housing as taught by Kim using the component configuration disclosed in the invention of Pribyl [In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)].
Regarding claim 2, the combination of Pribyl and Kim teaches the wearable electronic device of claim 1, wherein at least a portion of the microphone (6) is located in a concave space of the oscillation member (3).
Regarding claims 3 and 16, the combination of Pribyl and Kim teaches the wearable electronic device of claim 1, wherein the oscillation member (3)comprises: a first oscillation member (fig. 2; center dome portion, 3) facing the microphone; and a second oscillation member (edge section of member, 3, outside the coil, 4) extending along a circumferential direction of the first oscillation member, and wherein the second oscillation member (3) is disposed around at least a portion of the microphone.
Regarding claims 4 and 17, the combination of Pribyl and Kim teaches the wearable electronic device of claims 3 and 16 respectively, wherein the first oscillation member (center dome portion, 3) is formed concavely in a direction away from the microphone.
Regarding claims 5 and 18, the combination of Pribyl and Kim teaches the wearable electronic device of claims 3 and 16 respectively, wherein the first oscillation member (fig. 4; 3) comprises a first surface (13) spaced apart from the microphone and formed concavely in a direction in which the microphone (6) and the first oscillation member (3) are spaced apart from each other.
Regarding claims 6 and 19, the combination of Pribyl and Kim teaches the wearable electronic device of claims 3 and 16 respectively, wherein the microphone (fig. 4; 6) comprises an end surface located between the first oscillation member (3) and the second oscillation member (3).
Regarding claims 7, 12, 20, the combination of Pribyl and Kim teaches the wearable electronic device of claim 1 and 16 respectively, wherein the oscillation member (3) is oscillated in a first direction toward the microphone or in a second direction away from the microphone (fig. 2; the oscillation would follow along with the direction related to the coil, 4, movement).
Regarding claim 8, the combination of Pribyl and Kim teaches the wearable electronic device of claim 1, further comprising: a rib (cup-line recess, 13) configured to support the microphone.
Regarding claim 14, the combination of Pribyl and Kim teaches the wearable electronic device of claim 1, wherein the oscillation member (3) comprises: a first surface (fig. 4) formed concavely in a direction away from the microphone; and a second surface (fig. 2, membrane portion outside the coil, 4) extending along a circumferential direction of the first surface, and wherein, when in a second state in which the oscillation member is oscillating, an end surface of the microphone is located between the first surface and the second surface (fig. 2; the oscillation would follow along with the direction related to the coil, 4, movement).
Regarding claim 21, the combination of Pribyl and Kim teaches the wearable electronic device of claim 16, wherein the housing (Kim; housing, 110) comprises a microphone hole (101, 103), and wherein the microphone (Pribyl; microphone, 6) comprises a substrate (electrode maybe composed of a substrate, 10) and a shielding member (Kim; para. 0037; mesh member) disposed to face the microphone hole (101, 103).
Allowable Subject Matter
Claim(s) 9-11, 13, 15, 22 is/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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHYLESHA DABNEY whose telephone number is (571)272-7494. The examiner can normally be reached Monday - Wednesday and Friday 10:30-4:30PM.
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April 24 2026
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694
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