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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 28-39, 41-43, and 47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-20 of U.S. Patent No. 12,063,467 (the ‘467 Patent). Although the claims at issue are not identical, they are not patentably distinct from each other.
As to Claims 28 and 41-43, Claim 9 of the ‘467 Patent recites all the features of the claims. Although Claim 9 of the ‘467 Patent is narrower, all the limitations of Claims 28 and 41-43 are included. A nonstatutory double patenting rejection is appropriate where a claim in an application under examination claims subject matter that is different, but not patentably distinct, from the subject matter claimed in a prior patent or a copending application. The claim under examination is not patentably distinct from the reference claim(s) if the claim under examination is anticipated by the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 1052, 29 USPQ2d 2010, 2015-16 (Fed. Cir. 1993). Here Claims 28 and 41-43 would be anticipated by Claim 9 of the ‘467 Patent. See the table below for a comparison of the claim language.
Claims 29-39 correspond word-for-word to Claims 10-20 of the ‘467 Patent in respective sequence.
As to Claim 47, Claim 1 of the ‘467 Patent recites all the features of the claim. Although Claim 1 of the ‘467 Patent is narrower, all the limitations of Claim 47 are included. A nonstatutory double patenting rejection is appropriate where a claim in an application under examination claims subject matter that is different, but not patentably distinct, from the subject matter claimed in a prior patent or a copending application. The claim under examination is not patentably distinct from the reference claim(s) if the claim under examination is anticipated by the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 1052, 29 USPQ2d 2010, 2015-16 (Fed. Cir. 1993). Here Claim 47 would be anticipated by Claim 1 of the ‘467 Patent. See the table below for a comparison of the claim language.
Instant Application
The ‘467 Patent
1. A sound producing device, comprising at least one housing assembly6, wherein the housing assembly includes:
a housing7, wherein the housing is provided with a plug-in hole8, and the plug-in hole penetrates through a side wall of a side of the housing9; and
a sealing member configured to plug and seal the plug-in hole10, wherein the plug-in hole includes at least one hole wall segment disposed along a plugging direction of the sealing member11, a cross-sectional area of at least part structure of the at least one hole wall segment on a reference section gradually increases along the plugging direction of the sealing member12, the reference section is perpendicular to the plugging direction13, and the sealing member is plugging fit with the at least one hole wall segment14.
9. The sound producing device of claim 1, further comprising a charging assembly1 fixed in the accommodating cavity of the housing, wherein the charging assembly includes2:
an interface including at least one charging pin and at least one burning pin3;
a processing chip connected to the at least one burning pin, wherein the processing chip burns data through the at least one burning pin to adjust parameters of the sound producing device4; and
a battery management module and a battery, wherein the battery management module is configured to control a charging current of the battery, the battery is configured to power the sound producing device, and the battery management module is connected to the at least one charging pin5.
28. A sound producing device, comprising a charging assembly1, wherein the charging assembly includes2:
an interface including at least one charging pin and at least one burning pin3;
a processing chip connected to the at least one burning pin, wherein the processing chip burns data through the at least one burning pin to adjust parameters of the sound producing device4; and
a battery management module and a battery, wherein the battery management module is configured to control a charging current of the battery, the battery is configured to power the sound producing device, and the battery management module is connected to the at least one charging pin5.
41. The sound producing device of claim 28, further comprising at least one housing assembly6, wherein the housing assembly includes: a housing7, wherein the housing is provided with a plug-in hole8, and the plug-in hole penetrates through a
side wall of a side of the housing9.
42. The sound producing device of claim 41, further comprising a sealing member configured to plug and seal the plug-in hole10, wherein the plug-in hole includes at least one hole wall segment disposed along a plugging direction of the sealing member11.
43. The sound producing device of claim 42, wherein a cross-sectional area of at least part structure of the at least one hole wall segment on a reference section gradually increases along the plugging direction of the sealing member12, the reference section is perpendicular to the plugging direction13, and the sealing member is plugging fit with the at least one hole wall segment14.
1. A sound producing device, comprising at least one housing assembly1, wherein the housing assembly includes2:
a housing, wherein the housing is provided with a plug-in hole3, and the plug-in hole penetrates through a side wall of a side of the housing; and
a sealing member configured to plug and seal the plug-in hole4, wherein the plug-in hole includes at least one hole wall segment disposed along a plugging direction of the sealing member5, a cross-sectional area of at least part structure of the at least one hole wall segment on a reference section gradually increases along the plugging direction of the sealing member6, the reference section is perpendicular to the plugging direction, and the sealing member is plugging fit with the at least one hole wall segment.
47. A sound producing device, comprising at least one housing assembly1, wherein the housing assembly includes2:
a housing provided with a plug-in hole3; and
a sealing member configured to plug and seal the plug-in hole4, wherein the plug-in hole includes at least one hole wall segment disposed along a plugging direction of the sealing member5, and a cross-sectional area of at least part structure of the at least one hole wall segment on a reference section gradually increases along the plugging direction of the sealing member6.
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.
Claims 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Olodort et al., U.S. Publication No. 2011/0286615, published on November 24, 2011 (Olodort) in view of Fischer et al., U.S. Publication No. 2003/0054703, published on March 20, 2003 (Fischer).
As to Claim 28, Olodort discloses a sound producing device, comprising a charging assembly, wherein the charging assembly includes: an interface including pins [26, 107]; a processing chip [103] connected to the pins [107] (see Fig. 7A), wherein the processing chip [103] burns data through the pins to adjust parameters of the sound producing device (the firmware for the earpiece is updated via the pins; para. 0052, lines 15-19); and a battery management module [127] and a battery [125] (para. 0055, lines 43-47), the battery [125] is configured to power the sound producing device (para. 0055, lines 38-43), and the battery management module [127] is connected to the pins [107] (para. 0055, lines 43-47; see Fig. 7A).
Olodort does not explicitly disclose that: (1) the pins include at least one charging pin and at least one burning pin, the processing chip is connected to the burning pin, and burns the data through the burning pin, and the battery management module is connected to the charging pin, and (2) that the battery management module is configured to control a charging current of the battery. However, Olodort does disclose that the pins comprise a USB connector (para. 0055, lines 26-30), and providing specific burning pins and charging pins for a USB connection was well known.
Fischer teaches a similar charging assembly in a portable device [10], wherein the charging assembly includes: an interface [12] including at least one charging pin [24] and at least one burning pin [102, 104] (the interface [12] is a USB interface; see Fig. 3); a processing chip [20] connected to the at least one burning pin [102, 104] (see Fig. 3), wherein the processing chip [20] burns data through the at least one burning pin [102, 104] (data is transmitted to processor [20] through data pins D+ [102] and D- [104]; para. 0039) to adjust parameters of the device (para. 0021); and a battery management module [16] and a battery [18] (see Fig. 3), wherein the battery management module [16] is configured to control a charging current of the battery [18] (the battery management module comprises a charge current controller, which controls the charging current; para. 0046, lines 13-19), the battery [18] is configured to power the device [10] (para. 0045, lines 3-6), and the battery management module [16] is connected to the at least one charging pin [24] (para. 0019, lines 1-4; see Fig. 3). One of ordinary skill in the art would have applied Fischer’s technique of using burning pins for data and charging pins for power, as a commonly used technique for USB charging. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate Fisher’s pin configuration and current control, into the sound producing device of Olodort, as a known technique for USB charging.
As to Claim 29, Olodort and Fisher remain as applied above to Claim 28. Olodort and Fischer both disclose that the interface includes at least one of: a TYPE-A interface, a TYPE-B interface, a TYPE-C interface, a USB interface, or a Lighting interface (the interface includes a USB interface; Olodort; para. 0055, lines 26-30; Fischer: para. 0018, line 7).
As to Claim 31, Olodort and Fisher remain as applied above to Claim 28. Fischer further discloses that the battery [18] is a fast-charging lithium battery (the batter is a lithium-ion battery; para. 0032; that is charged in a fast mode; para. 0058), and the battery management module [16] controls the charging current according to a voltage of the battery (a charge controller [402] in the battery management module [16] monitors the battery voltage level and controls current according to the voltage level; para. 0046, lines 19-23).
As to Claim 32, Olodort and Fisher remain as applied above to Claim 31. Fischer further discloses that the battery management module [16] controls the charging current [620] according to the voltage of the battery [18] by: obtaining [706] the voltage [610] of the battery [18] (the charge voltage is measured at [706]; para. 0056, lines 1-8; see Figs. 7-8); determining [708] whether the voltage [610] of the battery [18] is within a first preset voltage range (the charge voltage is compared to a threshold [610A] at step [708]; see Figs. 7-8), and in response to determining that the voltage [610] of the battery [18] is within the first preset voltage range, controlling [704] the charging current [620] to be within a first preset current range (if the voltage is between 0 and the threshold [610A] the current [620] is kept at a constant level; para. 0056, lines see Figs. 7-8).
As to Claim 33, Olodort and Fisher remain as applied above to Claim 31. Fischer further discloses that the battery management module [16] controls the charging current [620] according to the voltage of the battery [18] by: obtaining [706] the voltage [610] of the battery [18] (the charge voltage is measured at [706]; para. 0056, lines 1-8; see Figs. 7-8); determining [708] whether the voltage [610] of the battery [18] is within a second preset voltage range (the charge voltage is compared to a threshold [610A] at step [708]; see Figs. 7-8); and in response to determining that the voltage [610] of the battery [18] is within the second preset voltage range, controlling [704] the charging current [620] to be within a second preset current range (if the voltage is between 0 and the threshold [610A] the current [620] is kept at a constant level; para. 0056, lines see Figs. 7-8).
As to Claim 34, Olodort and Fisher remain as applied above to Claim 31. Fischer further discloses that the battery management module [16] controls the charging current [620] according to the voltage of the battery [18] by: obtaining the charging current (the charging current [620] is measured by a charge current monitor [406] at step [714]; para. 0057, lines 5-10; see Figs. 7-8), determining [718] whether the charging current [620] is within a second preset current range (para. 0057, lines 10-16); and in response to determining that the charging current [620] is within the second preset current range, controlling [720] the battery [18] to stop charging (para. 0057, lines 14-17).
As to Claim 37, Olodort and Fisher remain as applied above to Claim 28. Olodort further discloses that the sound producing device further includes: at least one microphone [115] connected to an input end of the processing chip [103] and configured to output a received audio signal to the processing chip [103] (para. 0057).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Olodort et al., U.S. Publication No. 2011/0286615, published on November 24, 2011 (Olodort), Fischer et al., U.S. Publication No. 2003/0054703, published on March 20, 2003 (Fischer), further in view of Xiao et al., U.S. Publication No. 2020/0356335, patented on November 12, 2020 (Xiao).
As to Claim 30, Olodort and Fisher remain as applied above to Claim 29. Olodort and Fischer do not explicitly disclose that the interface is the TYPE-C interface, and a TX+pin, a TX-pin, a RX+pin, and a RX-pin of the TYPE-C interface are the at least one burning pin used to burn the data. However, Fischer does disclose that the interface can be an alternative serial bus (para. 0089), and using a TYPE-C interface for charging and data was well known. Xiao discloses a sound producing device having a TYPE-C interface [11] (see Fig. 4), and a TX+pin, a TX-pin, a RX+pin, and a RX-pin of the TYPE-C interface are the at least one burning pin used to burn the data (Xiao: para. 0095). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to provide a TYPE-C interface in the sound producing device of Olodort and Fischer, using the TX+pin, a TX-pin, a RX+pin, and a RX-pin of the TYPE-C interface as the burning pins.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Olodort et al., U.S. Publication No. 2011/0286615, published on November 24, 2011 (Olodort), Fischer et al., U.S. Publication No. 2003/0054703, published on March 20, 2003 (Fischer), further in view of Sudan, U.S. Patent No. 9,621,999, patented on April 11, 2017 (Sudan).
As to Claim 35, Olodort and Fisher remain as applied above to Claim 28. Olodort and Fischer do not explicitly disclose that the charging assembly further includes a voltage regulator configured to convert an output voltage of the battery into a regulated voltage; and an input end of the voltage regulator is connected to an output end of the battery, and an output end of the voltage regulator is connected to an input end of the processing chip. However, providing a voltage regulator in a battery powered component was well known. Sudan teaches a sound producing device [10] comprising a voltage regulator [16] configured to convert an output voltage [V_BATT] of the battery [15] into a regulated voltage [V_H1] (col. 4, lines 13-15); and an input end [16pi] of the voltage regulator [16] is connected to an output end of the battery [15], and an output end [16po] of the voltage regulator [16] is connected to an input end of the processing chip [12] (see Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate a voltage regulator in the sound producing device of Olodort, for the obvious benefit of voltage stability.
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Olodort et al., U.S. Publication No. 2011/0286615, published on November 24, 2011 (Olodort), Fischer et al., U.S. Publication No. 2003/0054703, published on March 20, 2003 (Fischer), further in view of McCarthy et al., U.S. Patent No. 9,516,401, patented on December 6, 2016 (McCarthy).
As to Claim 36, Olodort and Fisher remain as applied above to Claim 28. Olodort and Fischer do not explicitly disclose that the sound producing device further includes: a power amplifier chip, wherein an input end of the power amplifier chip is connected to an output end of the processing chip, and the power amplifier chip is configured to amplify an audio signal of the processing chip; and at least one speaker connected to an output end of the power amplifier chip and configured to output the audio signal of the processing chip amplified and processed by the power amplifier chip. However, including such an amplifier was well known. McCarthy teaches a sound producing device [102] that includes a power amplifier chip [122], wherein an input end of the power amplifier chip [122] is connected to an output end of the processing chip [120], and the power amplifier chip [122] is configured to amplify an audio signal of the processing chip; and at least one speaker [108] connected to an output end of the power amplifier chip [122] and configured to output the audio signal of the processing chip [120] amplified and processed by the power amplifier chip [122] (col. 9, lines 38-44). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate a power amplifier chip in the sound producing device of Olodort and Fischer, as a means of adequately driving the speaker.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Olodort et al., U.S. Publication No. 2011/0286615, published on November 24, 2011 (Olodort), Fischer et al., U.S. Publication No. 2003/0054703, published on March 20, 2003 (Fischer), further in view of Wang et al., U.S. Patent No. 9,819,176, patented on November 14, 2017 (Wang).
As to Claim 39, Olodort and Fisher remain as applied above to Claim 28. Olodort and Fischer do not explicitly disclose that the charging assembly includes a plurality of TVS Diodes, one end of the TVS Diode is connected to the burning pin or the charging pin, and the other end of the TVS Diode is grounded. However, incoporating TVS Diodes into USB connections was a well known technique. Wang discloses a plurality of TVS diodes [24, 30, 34, 38], one end of the TVS Diode [38] is connected to the burning pin [I/O] or the charging pin, and the other end of the TVS Diode [38] is grounded (see Fig. 4). Therefore, it would have been obvious to one of ordinary skill, before the effective filing date of Applicant’s invention, to incorporate TVS diodes in the manner disclosed by Wang, for the obvious benefit of electrostatic discharge protection (Wang: col. 4, lines 16-24).
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Olodort et al., U.S. Publication No. 2011/0286615, published on November 24, 2011 (Olodort), Fischer et al., U.S. Publication No. 2003/0054703, published on March 20, 2003 (Fischer), further in view of Wen, U.S. Patent No. 10,887,681, effectively filed on August 12, 2019 (Wen).
As to Claim 40, Olodort and Fisher remain as applied above to Claim 28. Olodort and Fischer do not explicitly disclose that the sound producing device is a bone hearing aid. However, providing bone conduction functionality in a sound producing device was well known. Wen teaches a sound producing device (Fig. 2) similar to Olodort and Fischer, wherein the sound producing device is a bone hearing aid (there is a bone conduction module [40] in the earphone body [10] (col. 2, lines 62-66; see Fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate bone conduction capability into the device of Olodort and Fischer, for the added functionality of assisting a hearing disability; col. 2, lines 41-45).
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over Olodort et al., U.S. Publication No. 2011/0286615, published on November 24, 2011 (Olodort), Fischer et al., U.S. Publication No. 2003/0054703, published on March 20, 2003 (Fischer), further in view of Hankey et al., U.S. Publication No. 2019/0132665, published on May 2, 2019 (Hankey).
As to Claim 41, Olodort and Fisher remain as applied above to Claim 28. Olodort further discloses at least one housing assembly [12] (see Fig. 4), the housing assembly including a housing [16]. Olodort and Fischer do not explicitly disclose that the the housing is provided with a plug-in hole, and the plug-in hole penetrates through a side wall of a side of the housing. Olodort teaches that a plug in portion [26] of the housing [16] is a male plug (see Fig. 4). However, providing a plug-in hole for a female plug would not have been beyond the capability of ordinary skill. Hankey teaches at least one housing assembly [7100] provided with a plug-in hole (the port is a female USB connector; para. 0347; see Fig. 70). Therefore, it would have been obvious to one of ordinary skill, before the effective filing date of Applicant’s invention, to provide a female plug in the sound producing device of Olodort and Fischer, as a suitable alternative to a male plug.
Claims 42-44 are rejected under 35 U.S.C. 103 as being unpatentable over Olodort et al., U.S. Publication No. 2011/0286615, published on November 24, 2011 (Olodort), Fischer et al., U.S. Publication No. 2003/0054703, published on March 20, 2003 (Fischer), Hankey et al., U.S. Publication No. 2019/0132665, published on May 2, 2019 (Hankey), further in view of Meister et al., U.S. Publication No. 2006/0134952 published on June 22, 2006 (Meister).
As to Claim 42, Olodort, Fisher, and Hankey remain as applied above to Claim 41. Olodort and Fischer do not explicitly disclose a sealing member configured to plug and seal the plug-in hole, wherein the plug-in hole includes at least one hole wall segment disposed along a plugging direction of the sealing member. However providing such a sealing member for a plug-in-hole was well known. Meister discloses a sealing member [10] configured to plug and seal the plug-in hole [14], wherein the plug-in hole includes at least one hole wall segment [12] disposed along a plugging direction of the sealing member [10] (see Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate a sealing member in the sound producing device of Olodort and Fischer, for the added feature of contamination prevention.
As to Claim 43, Olodort, Fisher, Hankey, and Meister remain as applied above to Claim 42. Meister further discloses that a cross-sectional area of at least part structure of the at least one hole wall segment [12] on a reference section [32] gradually increases along the plugging direction of the sealing member [10], the reference section [32] is perpendicular to the plugging direction, and the sealing member [10] is plugging fit with the at least one hole wall segment [12] (see Fig. 3).
As to Claim 44, Olodort, Fisher, Hankey, and Meister remain as applied above to Claim 43. Meister further discloses that the sealing member [10] includes an insertion part [40] configured to insert into the plug-in hole [14], the insertion part [40] includes at least one protruding structure (bottom of [10]; see Fig. 4), and the at least one protruding structure abuts against the at least one hole wall segment [12] when the insertion part [40] is inserted into the plug-in hole [14] (see Fig. 3).
Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable over McCarthy et al., U.S. Patent No. 9,516,401, patented on December 6, 2016 (McCarthy), in view of Meister et al., U.S. Publication No. 2006/0134952 published on June 22, 2006 (Meister).
As to Claim 47, McCarthy discloses a sound producing device [20], comprising at least one housing assembly [22], wherein the housing assembly includes: a housing provided with a plug-in hole [62] (see Fig. 4). McCarthy does not explicitly disclose a sealing member configured to plug and seal the plug-in hole, wherein the plug-in hole includes at least one hole wall segment disposed along a plugging direction of the sealing member, and a cross-sectional area of at least part structure of the at least one hole wall segment on a reference section gradually increases along the plugging direction of the sealing member. However providing such a sealing member for a plug-in-hole was well known. Meister discloses a sealing member [10] configured to plug and seal the plug-in hole [14], wherein the plug-in hole includes at least one hole wall segment [12] disposed along a plugging direction of the sealing member [10] (see Fig. 1), and a cross-sectional area of at least part structure of the at least one hole wall segment [12] on a reference section [32] gradually increases along the plugging direction of the sealing member [10] (see Fig. 3). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate a sealing member in the sound producing device of Olodort and Fischer, for the added feature of contamination prevention.
Allowable Subject Matter
Claims 45-46 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. The following is a statement of reasons for the indication of allowable subject matter: Claim 45 recites the unique feature of a first hole wall segment and a second hole wall segment being connected in sequence along the plugging direction of the sealing member, and an included angle between the second hole wall segment and the first hole wall segment is an obtuse angle on a reference plane parallel to the plugging direction. Claim 46 recites the unique feature of the housing further includes a mounting hole, the sealing member includes an assembly part connected to the insertion part, and the assembly part is fixedly connected to the housing through the mounting hole. The closest prior art does not disclose or suggest such features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan Robinson whose telephone number is (571) 270-3956. The examiner can normally be reached on Monday through Friday from 9 am to 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Fan Tsang, can be reached on (571) 272-7547. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/RYAN ROBINSON/Primary Examiner, Art Unit 2694
Prosecution Insights