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 .
DETAILED ACTION
Applicant is advised that the new art unit number is 2692. Please use the new art unit number for all future communications.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy 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.
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) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boni (US 2015/0146880) in view of Shen (CN 213990963 using an English machine translation).
Regarding claim 1, Boni discloses a modular shell-replacement earphone, comprising:
an in-ear earphone shell (Fig. 3: 20-22), defining a first mounting cavity (cavity if 21) (see Fig. 3);
an open earphone shell (12-14), defining a third mounting cavity (cavity of 13) (see Fig. 2) (¶ 0015, 0004: Fig. 2 is a bone conduction earpiece, which leaves the ears completely free thus making it an open earphone); and
an earphone main module (2, 10, 11), wherein an end of the earphone main module is detachably mounted in the first mounting cavity (see Fig. 3),
Boni is not relied upon to disclose a half-in-ear earphone shell, defining a second mounting cavity;
wherein the end of the earphone main module is detachably mounted in the second mounting cavity.
In a similar field of endeavor, Shen discloses a modular shell-replacement earphone, comprising:
an in-ear earphone shell (2), defining a first mounting cavity (25) (see Figs. 1-2 and page 5, lines 1-2);
a half-in-ear earphone shell (3), defining a second mounting cavity (34) (see Figs. 1-2 and page 5, lines 1-2);
an earphone main module (1), wherein an end of the earphone main module is detachably mounted in the first mounting cavity (as seen from Figs. 1/2/4), the second mounting cavity (as seen from Figs. 1-3),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a half-in-ear earphone shell, defining a second mounting cavity, as taught by Shen; wherein the end of the earphone main module of Boni is detachably mounted in the second mounting cavity, the motivation being to bring a different experience to a user with the half-in-ear earphone, which can be comfortable to wear and suitable for call scenes (Shen - page 2, lines 30-36).
Regarding claim 2, Boni-Shen discloses the modular shell-replacement earphone as claimed in claim 1, and Boni discloses wherein the earphone main module comprises:
a module shell (2), wherein an end of the module shell is provided with an inserting part (part of 2 that 13 and 21 fits around in Figs. 2 and 3, respectively), and the inserting part defines a module sound outlet hole (hole of 2 that 11 fits into is a sound outlet hole because it is a hole in which sound is generated (due to presence of 11) and let out from); and
a horn (11), disposed in the module shell (see Figs. 2 and 3), wherein the horn defines a sound outlet (Figs. 2 and 3: the right-facing side of horn 11 defines a sound outlet because it lets out sound)
Additionally, Shen discloses an earphone main module (1) comprises a module shell (1) comprising a speaker cover (14), and the earphone main module can be used without earcaps (2 or 3) (page 5, lines 9-11) in which case speaker cover (14) is exposed and covers horn (13) (see Fig. 1).
Shen discloses wherein the earphone main module (1) comprises:
a module shell (1), wherein an end of the module shell is provided with an inserting part (14), and the inserting part defines a module sound outlet hole (Fig. 1: see hole of 14 that 13 appears in); and
a horn (13), disposed in the module shell (see Fig. 1), wherein the horn defines a sound outlet (Fig. 1: the visible surface of 13 defines a sound outlet because it lets out sound) facing towards the module sound outlet hole (see Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the module shell (2) of Boni to include a speaker cover, as taught by Shen,
which would result in:
the inserting part defines a module sound outlet hole (hole of speaker cover);
wherein the horn (11 of Boni) defines a sound outlet (Figs. 2 and 3: the right-facing side of horn 11 defines a sound outlet because it lets out sound) facing towards the module sound outlet hole,
the motivation being to provide a speaker cover that can be exposed and cover the horn (11 of Boni) so that the earphone main module of Boni-Shen can additionally be used without earcaps (i.e. without any of the three claimed earphone shells) (Shen - page 5, lines 9-11).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boni in view of Shen in view of Luo et al. (US 2024/0073576).
Regarding claim 3, Boni-Shen discloses the modular shell-replacement earphone as claimed in claim 2.
Boni-Shen is not relied upon to disclose wherein the earphone main module further comprises: first module magnets disposed in the inserting part of the module shell, and the first module magnets surround the module sound outlet hole.
In a similar field of endeavor, Luo discloses wherein an earphone main module (410) further comprises: first module magnets (452 and 454) disposed in the inserting part of the module shell (452 and 454 are disposed in the part of the housing that defines sound outlet hole (430), and the first module magnets surround the module sound outlet hole (430) (see Fig. 4 and ¶ 0046).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the earphone main module further comprises: first module magnets disposed in the inserting part of the module shell, and the first module magnets surround the module sound outlet hole, the motivation being to provide a way for the earphone shells to be coupled to the earphone main module in just one orientation (Luo - ¶ 0048).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boni in view of Shen in view of Luo in view of Wen (US 10887681) in view of Ayzenberg et al. (US 2025/0080896).
Regarding claim 4, Boni-Shen-Luo discloses the modular shell-replacement earphone as claimed in claim 3.
Boni-Shen-Luo is not relied upon to disclose wherein the earphone main module further comprises: a battery, a printed circuit board assembly (PCBA), charging needles and a second module magnet which are disposed in the module shell, the PCBA is electrically connected to the battery and the horn, the charging needles are mounted on the PCBA, an end of each charging needle penetrates through a side wall of the module shell, and the second module magnet is mounted on a side wall of the module shell proximate to the charging needles.
In a similar field of endeavor, Wen discloses wherein an earphone main module (10) further comprises: a battery (30), a printed circuit board assembly (PCBA) (20), charging needles (50)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the earphone main module further comprises: a battery, a printed circuit board assembly (PCBA), charging needles
the motivation being to make the earphone compatible with a charging base (Wen - bstx8, col. 1, lines 57-63).
Boni-Shen-Luo-Wen is not relied upon to disclose wherein the earphone main module further comprises: a second module magnet which are disposed in the module shell, and the second module magnet is mounted on a side wall of the module shell proximate to the charging needles.
In a similar field of endeavor, Ayzenberg discloses wherein an earphone main module (202) further comprises: a second module magnet (208A and/or 208B) which are disposed in the module shell (see Fig. 7), and the second module magnet is mounted on a side wall of the module shell proximate to the charging needles (204, 206) (see Fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the earphone main module further comprises: a second module magnet which are disposed in the module shell, and the second module magnet is mounted on a side wall of the module shell proximate to the charging needles,
the motivation being to align the charging needles with the charging connectors of a charging interface (Ayzenberg - ¶ 0031).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boni in view of Shen in view of Luo in view of Wen in view of Ayzenberg in view of Harjee et al. (US 2021/0168487) in view of Hankey et al. (US 2008/0166006) in view of Zhao (CN 213990973 using an English machine translation).
Regarding claim 5, Boni-Shen-Luo-Wen-Ayzenberg discloses the modular shell-replacement earphone as claimed in claim 4.
Boni-Shen-Luo-Wen-Ayzenberg is not relied upon to disclose wherein the PCBA is provided with touch keys, an indicator lamp, a microphone, and a sound tube thereon, an end of each touch key is abutted against the module shell, the indicator lamp is configured to emit light to be guided to the module shell, the module shell defines a sound pickup hole, and the sound tube is disposed between the sound pickup hole and the microphone.
In a similar field of endeavor, Harjee discloses an earphone wherein the PCBA (108) is provided with touch keys (130) (¶ 0046), an end of each touch key is abutted against the module shell (Fig. 2A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the PCBA is provided with touch keys, an end of each touch key is abutted against the module shell, the motivation being to provide the ability to detect touches as input (Harjee - ¶ 0046).
In a similar field of endeavor, Hankey discloses an earphone wherein the PCBA (4820) is provided with an indicator lamp (4821), the indicator lamp is configured to emit light to be guided to the module shell (4810) (Fig. 48 and ¶ 0255-0256).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the PCBA is provided with an indicator lamp, the indicator lamp is configured to emit light to be guided to the module shell, the motivation being to provide the ability to signify information (Hankey - ¶ 0255).
In a similar field of endeavor, Zhao discloses an earphone wherein the PCBA (2) is provided with a microphone (3), and a sound tube (4) thereon, the module shell (13) defines a sound pickup hole (11 and/or 12), and the sound tube is disposed between the sound pickup hole and the microphone (see Fig. 2 and page 5, lines 8-29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the PCBA is provided with a microphone, and a sound tube thereon, the module shell defines a sound pickup hole, and the sound tube is disposed between the sound pickup hole and the microphone, the motivation being to provide the ability to receive a call sound (Zhao - page 5, lines 8-29).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boni in view of Shen in view of Hur (KR 10-2115270 using an English machine translation) in view of Feng et al. (CN 113810812 using an English machine translation) in view of Wang (CN 114189778 using an English machine translation).
Regarding claim 10, Boni-Shen discloses the modular shell-replacement earphone as claimed in claim 1.
Boni-Shen is not relied upon to disclose wherein the open earphone shell is provided with an ear hook thereon.
In a similar field of endeavor, Hur discloses a bone conduction earphone, a bone conduction unit (400) comprising an ear hook (420) is coupled to the circumferential surface of a bone conduction unit (300) (see Figs. 1/2/4 and ¶ 0038-0039).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to couple a bone conduction unit (400 of Hur) comprising an ear hook (420 of Hur) to the circumferential surface of the bone conduction unit of Boni (i.e. around 13 in Fig. 2 of Boni),
which would result in: wherein the open earphone shell is provided with an ear hook thereon,
the motivation being to significantly improve listening efficiency (Hur - ¶ 0038).
Boni-Shen-Hur is not relied upon to disclose wherein
the in-ear earphone shell is a hard rubber shell, a soft rubber shell or a shell with a soft rubber material mounted on a hard rubber skeleton;
the half-in-ear earphone shell is a hard rubber shell, a soft rubber shell or a shell with a soft rubber material mounted on a hard rubber skeleton;
the open earphone shell is a hard rubber shell, a soft rubber shell or a shell with a soft rubber material mounted on a hard rubber skeleton.
In a similar field of endeavor, Feng discloses an earphone shell (32) made out of hard rubber to protect components in the earphone (page 5, lines 23-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: make all the shells of Boni-Shen-Hur out of hard rubber,
which would result in: wherein
the in-ear earphone shell is a hard rubber shell, a soft rubber shell or a shell with a soft rubber material mounted on a hard rubber skeleton;
the half-in-ear earphone shell is a hard rubber shell, a soft rubber shell or a shell with a soft rubber material mounted on a hard rubber skeleton;
the open earphone shell is a hard rubber shell, a soft rubber shell or a shell with a soft rubber material mounted on a hard rubber skeleton,
the motivation being to protect components in the earphone (Feng - page 5, lines 23-36).
Boni-Shen-Hur-Feng is not relied upon to disclose wherein the ear hook is a hard rubber ear hook, or an ear hook with a soft rubber material mounted on a memory steel wire.
In a similar field of endeavor, Wang discloses wherein an ear hook is a hard rubber ear hook to ensure structural stability of the earhook (page 11, lines 6-14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the ear hook is a hard rubber ear hook, the motivation being to ensure structural stability of the earhook (Wang - page 11, lines 6-14).
Allowable Subject Matter
Claims 6-9 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:
In regard to claim 6, the prior art of record alone or in combination fails to teach or suggest the following limitations of the claim in combination with the rest of the limitations of the claim:
“wherein an end of the in-ear earphone shell defines the first mounting cavity, the inserting part of the module shell is detachably mounted in the first mounting cavity, a bottom of the first mounting cavity defines a first sound hole corresponding to the module sound outlet hole, the other end of the in-ear earphone shell is provided with a sound outlet ear cap, and the sound outlet ear cap is in communication with the first sound hole of the first mounting cavity; and the in-ear earphone shell is provided with a first magnet mounting position, and the first magnet mounting position is located at an outer side of the bottom of the first mounting cavity, the first magnet mounting position is provided with a first shell magnet thereon, and the first shell magnet is magnetically coupled with the first module magnets.”
In regard to claim 7, the prior art of record alone or in combination fails to teach or suggest the following limitations of the claim in combination with the rest of the limitations of the claim:
“wherein an end of the half-in-ear earphone shell defines the second mounting cavity, the inserting part of the module shell is detachably mounted in the second mounting cavity, a bottom of the second mounting cavity defines a second sound hole corresponding to the module sound outlet hole, the other end of the half-in-ear earphone shell defines a sound outlet, and the sound outlet is in communication with the second sound hole of the second mounting cavity; and the half-in-ear earphone shell is provided with a second magnet mounting position, and the second magnet mounting position is located at an outer side of the bottom of the second mounting cavity, the second magnet mounting position is provided with a second shell magnet thereon, and the second shell magnet is magnetically coupled with the first module magnets.”
In regard to claim 8, the prior art of record alone or in combination fails to teach or suggest the following limitations of the claim in combination with the rest of the limitations of the claim:
“wherein the third mounting cavity of the open earphone shell comprises: a shell covering cavity part and an inserting part positioning cavity part, a side end of the module shell is detachably mounted in the shell covering cavity part, the inserting part of the module shell is detachably mounted in the inserting part positioning cavity part, and a side of the inserting part positioning cavity part defines a third sound hole corresponding to the module sound outlet hole.”
Claim 9 is/are dependent upon base claims having allowable subject matter.
Conclusion
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/MARK FISCHER/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692