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 .
Response to Amendment
This is in response to applicant's amendment which was filed on 5/19/2026 has been entered. Claims 1, 5, and 7-8 have been amended. Claim 4 has been cancelled. No claims have been added. Claims 1-3, 5-20 are still pending in this application, with claim 1 being independent.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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, 5-7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 107484054) in view of Wu (US 2009/0298347).
Regarding claim 1, Li teaches An apparatus, comprising: two ear-hook assemblies, configured to be hung outside of two ears of a user respectively (Li figure 2 and ¶0063, “the number of ear hook components 11 is two”); and a rear-hook assembly in a curved shape (Li figure 5 and ¶0063, “rear hanging component 12” and part of component 11), configured to connect the two ear-hook assemblies and wrap around a rear side of the head of the user (Li figure 2 and ¶0036), the rear-hook assembly including an elastic metal filament (Li figure 13 and ¶0063, “second elastic metal wire 121”), an elastic covering body covering the elastic metal filament (Li figure 13 and ¶0063, second elastic coating 122 and ¶0074 “second wire group 124”), and inserting portions arranged at two ends of the elastic metal filament (Li figure 9 and ¶0063, “connector portions 123 provided at both ends of the second elastic metal wire 121”), wherein the inserting portions are configured to connect and match with the ear-hook assembly (Li figure 9 and ¶0064, “By plugging and mating the connection portion 123 of the rear hanging assembly 12 with the first shells 111”), wherein the ear-hook assembly includes a first ear-hook housing and a second ear-hook housing, the first ear-hook housing and the second ear-hook housing are cooperatively connected to form an accommodating space (Li figure 1, first and second housing 111-112, forming the ear hook accommodating space for the ear. Outer and inner sides 113a+113b forming accommodating space 116, 117, figure 14, housing 114), however does not explicitly teach at least one inserting portion of the inserting portions is provided with two groups of notches at intervals in a length direction.
Wu teaches at least one inserting portion of the inserting portions is provided with two groups of notches at intervals in a length direction (Wu figure 2, grooves 101-107 in the length direction).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Wu to improve the known apparatus of Li to achieve the predictable result of being able to receive multiple plugs with different connectors (Wu ¶0006).
Regarding claim 5, Li in view of Wu teaches wherein one side of the first ear-hook housing is provided with a plug-in hole connecting the accommodating space, and the at least one inserting portion is inserted into the plug-in hole (Li figure 2, and ¶0007, “the back hook assembly is provided with plug-in parts at both ends, and the plug-in parts are plugged into the first shells of the two ear hook assemblies respectively,” see also ¶0063, “589 The plug portion 123 is plug-fitted with the first shells 111 of the two earhook assemblies 11 respectively,”).
Regarding claim 6, Li in view of Wu teaches wherein a snap portion protruding from the first ear-hook housing is embedded in a notch at one end away from the at least one inserting portion (Li figure 1, and ¶0049).
Regarding claim 7, Li in view of Wu teaches wherein splicing edges of the first ear-hook housing and the second ear-hook housing fit with each other (Li figure 1,3 and ¶0035, “splicing seams are located on the two opposite sides 113a and 113b”).
Regarding claim 18, Li in view of Wu teaches wherein an ear-hook assembly of the two ear-hook assemblies includes an ear-hook housing (Li figure 1), the ear-hook housing is a chamber structure provided with a mounting port, and the rear-hook assembly is partially inserted into the ear-hook housing through the mounting port (Li figure 2, ¶0063 “connector 123 provided at both ends of the second elastic metal wire 121”).
Allowable Subject Matter
Claims 2-3 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 because the closest prior art either alone or in combination, fail to anticipate or render obvious, the claimed limitation of “wherein one group of notches is configured to clamp and match with the ear-hook assembly, and the other group of notches is configured to mold position” in combination with all other limitations in the claim(s) as defined by the applicant.
Claims 8-17 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 because the closest prior art either alone or in combination, fail to anticipate or render obvious, the claimed limitation of “wherein the first ear-hook housing is spaced to form a first slot and a second slot with a same opening direction, the second ear-hook housing is protruding provided with a first block and a second block with a same extending direction” in combination with all other limitations in the claim(s) as defined by the applicant.
Claims 19-20 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 because the closest prior art either alone or in combination, fail to anticipate or render obvious, the claimed limitation of “wherein the rear-hook assembly is capable of adjusting an insertion depth relative to the ear-hook housing with an action of a plugging force of the user, a positioning mechanism is arranged between the ear-hook housing and the rear-hook assembly and is configured to keep the rear-hook assembly and the ear-hook housing relatively fixed without the action of the plugging force of the user” in combination with all other limitations in the claim(s) as defined by the applicant.
Response to Arguments
Applicant's arguments filed 5/19/2026 have been fully considered but they are not persuasive. Applicant argues that the claim 1 has been amended to incorporate all features of claim 4 which contains allowable subject matter. Examiner respectfully disagrees. Allowable claim 4 depended on claim 2, which would require all the limitations of claim 2 as well. The amendments filed 5/19/2026 only included the limitations of claim 4 and does not include limitations from claim 2. The amended claim 1 is rejected over Li (CN 107484054) in view of Wu (US 2009/0298347). Therefore, the amended claim 1 is not allowable and the claims stand rejected.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NORMAN YU whose telephone number is (571)270-7436. The examiner can normally be reached on Mon - Fri 11am-7pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached on 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NORMAN YU/Primary Examiner, Art Unit 2693
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