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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-14, and 18-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 9 of Patent 12088990. Although the conflicting claims are not identical, they are not patentably distinct from each other because: claim 1 of the instant application is a broader variation of claim 9 of Patent 12088990.
Dependent claims 2-14 and 18-20 are rejected because they are also obvious variants of the patented claims.
Dependent claims
2-3 are taught by claim 10 of Patent 12088990
4-6 are taught by claim 11 of Patent 12088990
7-13 are taught by claim 13 of Patent 12088990
14 is taught by claim 14 of Patent 12088990
18 is taught by claim 15 of Patent 12088990
19 is taught by claim 16 of Patent 12088990
20 is taught by claim 17 of Patent 12088990
Patent 12088990
Instant Application 18/809306
1. An apparatus, comprising: two ear-hook assemblies, configured to be hung outside of two ears of a user respectively; and a rear-hook assembly in a curved shape, configured to connect the two ear-hook assemblies and wrap around a rear side of the head of the user, the rear-hook assembly including an elastic metal filament, wires, and an elastic covering body covering the elastic metal filament and the wires, wherein the elastic covering body and the wires are an extruded integral structural member, the elastic covering body further forms a threaded channel, the elastic metal filament is threaded in the threaded channel, and a diameter of the threaded channel in a natural state is less than a diameter of the elastic metal filament, so that the elastic metal filament is fixed with the elastic covering body after being inserted into the threaded channel.
9. The apparatus of claim 1, wherein the rear-hook assembly further includes inserting portions arranged at two ends of the elastic metal filament, the inserting portions are configured to connect and match with the ear-hook assembly, at least one inserting portion is provided with two groups of notches at intervals in a length direction, 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.
1. An apparatus, comprising: two ear-hook assemblies, configured to be hung outside of two ears of a user respectively; and a rear-hook assembly in a curved shape, configured to connect the two ear-hook assemblies and wrap around a rear side of the head of the user, the rear-hook assembly including an elastic metal filament, an elastic covering body covering the elastic metal filament, and inserting portions arranged at two ends of the elastic metal filament, wherein the inserting portions are configured to connect and match with the ear-hook assembly, and at least one inserting portion of the inserting portions is provided with two groups of notches at intervals in a length direction.
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 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”), 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 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 2-17 are objected to as being dependent upon a rejected base claim, but would be allowable if 1) a terminal disclaimer is filed to overcome the double patenting rejection(s) set forth in this office action and 2) 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 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if 1) a terminal disclaimer is filed to overcome the double patenting rejection(s) set forth in this office action and 2) 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.
Conclusion
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/NORMAN YU/Primary Examiner, Art Unit 2693