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 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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 10,873,801) considered with Huang (US 2016/0314779).
Hsu discloses an earphone with array frequency multiplication speaker 100 (see figs. 1-2, and col. 1, lines 21-51, regarding that the speaker 100 can be incorporated within an earphone), comprising: a hollow mounting seat 112, 114. An inner side of the hollow mounting seat 112, 114 is provided with a large dynamic coil 120, 140 configured to express middle and low frequencies (see col. 3, lines 36-38, regarding “the speaker 100 can generate a bass medium-low pitch sound through the first diaphragm 120”). A center of an upper of the hollow mounting seat 112, 114 is provided with a noise reduction microphone (see col. 5, lines 10-11, regarding “a microphone (not shown) may be disposed in the recess 114a … to be connected to the audio noise reduction process unit”). The upper of the hollow mounting seat 112, 114 is provided with a speaker unit 130, 150 located at an outer side of the noise reduction microphone (e.g., the speaker unit 130, 150 is disposed in the upper half portion of the hollow mounting seat 112, 114 as claimed).
Hsu discloses the invention as claimed, but fails to specifically teach that the earphone further includes an outer shell, wherein a center of an inner side of the outer shell is provided with the hollow mounting seat 112, 114. Huang discloses an earphone with a speaker (see figs. 4-5), including a hollow mounting seat 233, 213, wherein an inner side of the hollow mounting seat is provided with a large dynamic coil 11, 13, and further including an outer shell 200, wherein a center of an inner side of the outer shell 200 is provided with the hollow mounting seat 233, 213, in the same field of endeavor, for the purpose of mounting the speaker inside an earcup of the earphone.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Hsu, in view of Huang, such that the earphone further includes an outer shell, wherein a center of an inner side of the outer shell is provided with the hollow mounting seat 112, 114. A practitioner in the art would have been motivated to do this for the purpose of mounting the speaker inside an earcup of the earphone.
Regarding claim 2, the speaker unit 130, 150 is a high-frequency dynamic coil speaker. See Hsu, col. 3, lines 36-39, regarding “the speaker 100 … also generate a clear high pitch sound through the second diaphragm 130”.
Regarding claim 3, there are a plurality of speaker units (e.g., the low-middle frequency speaker unit 120, 140 and the high-frequency speaker unit 130, 150). The plurality of speaker units are arranged in an annular array (e.g., each of the speaker units are annularly shaped and together form a speaker array).
Regarding claim 4, an upper of the outer shell is fixed with an earmuff. See Huang, figs. 4-5, which teach that an upper of the outer shell 200 is fixed with an earmuff which contacts the head/ear of the user.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 10,873,801) considered with Huang (US 2016/0314779), as applied to claim 4 above, in further view of Kulavik et al. (US 2025/0175730).
Hsu, as modified and applied to claim 4 above, discloses the invention as claimed, but fails to specifically teach that the earmuff is made of foam material. Kulavik discloses an earphone including an outer shell, wherein an upper of the outer shell is fixed with an earmuff 108 and the earmuff 108 is made of foam material, in the same field of endeavor, for providing the earphone with a comfortable, flexible material, which compresses against the listeners head for creating a seal for better performance of the earphone (see para. 0025).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Hsu, in view of Kulavik, such that the earmuff is made of foam material. A practitioner in the art would have been motivated to do this for the purpose of providing the earphone with a comfortable, flexible material, which compresses against the listeners head for creating a seal for better performance of the earphone.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 10,873,801) considered with Huang (US 2016/0314779), as applied to claim 1 above, in further view of Kulavik et al. (US 2025/0175730).
Hsu, as modified and applied to claim 1 above, discloses the invention as claimed, but fails to specifically teach that a connection bracket is provided on an outer side of the outer shell. Kulavik discloses an earphone including an outer shell, wherein a connection bracket is provided on an outer side of the outer shell, in the same field of endeavor, for the purpose of adjustably connecting the outer shell to a headband 102 of the earphone such that the earphone can be comfortably worn on the head of the user (see fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Hsu, in view of Kulavik, such that a connection bracket is provided on an outer side of the outer shell. A practitioner in the art would have been motivated to do this for the purpose of adjustably connecting the outer shell to a headband of the earphone such that the earphone can be comfortably worn on the head of the user.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 10,873,801) considered with Huang (US 2016/0314779), as applied to claim 1 above, in further view of Kulavik et al. (US 2025/0175730).
Hsu, as modified and applied to claim 1 above, discloses the invention as claimed, but fails to specifically teach that an outer side of the outer shell is further provided with a volume button and a power button, respectively. Kulavik discloses an earphone including an outer shell, wherein an outer side of the outer shell is further provided with a volume button and a power button (e.g., buttons 112), respectively, in the same field of endeavor, for the purpose of providing on the outer shell a user interface (e.g., buttons) for the user to respectfully control volume and turn on/off power for the earphone (see fig. 1, and para. 0022).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Hsu, in view of Kulavik, such that an outer side of the outer shell is further provided with a volume button and a power button, respectively. A practitioner in the art would have been motivated to do this for the purpose of providing on the outer shell a user interface (e.g., buttons) for the user to respectfully control volume and turn on/off power for the earphone.
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 a speaker which is usable in an earphone.
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
February 3, 2026