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 .
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.
Claims 1-4, 6-8, 10-11 & 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dongguan, CN 113259808 A. (The Dongguan reference is cited in IDS filed 11/22/2024)
Re Claim 1, Dongguan discloses an acoustic output device (abstract: Bluetooth earphone), comprising an acoustic output unit and an ear hook (figs. 1-2: earphone device with ear hook and acoustic output unit/earplug 9; abstract), wherein the ear hook suspends the acoustic output unit near an ear of a user (figs. 1-2; abstract: ear hook), and the ear hook is provided with a volume-deformable flexible sealed cavity (figs. 1-2; abstract: ear hook is formed of a silica gel sucker and is read as a sealed cavity with volume), but fails to explicitly disclose configured to detect a pressure exerted on the ear hook when the user wears the acoustic output device. Since Dongguan teaches the concept of a pressure senor that is able to determine pressure levels between a silica gel air bag of the ear canal insert portion with its output unit/earplug and the external auditory canal that it is inserted therein such that the pressure levels are adjusted to increase/decrease the friction between the earplug and the external auditory canal, wherein the silicone gel air bag of the earplug is connected to the silica gel sucking disc of the ear hook thus change of pressure in the silica gel air bag of the earplug impacts the deformation of the silica gel sucking disc of the ear hook by tightening or loosening the ear hook around the auricle of the user (claim 1), it would have been obvious to one of ordinary skill to modify the Dongguan system such that the pressure sensor could directly sense the deformation levels of the silica gel sucking disc of the ear hook for the purpose of optimizing the design with more fit controls.
Re Claim 2, Dongguan discloses the acoustic output device of claim 1, wherein the flexible sealed cavity extends along an extension direction of the ear hook, the ear hook is provided with an accommodation cavity juxtaposed with the flexible sealed cavity (figs. 1-2; abstract: ear hook is formed of a silica gel sucker and is read as a sealed cavity with volume), and a linear structure is arranged inside the accommodation cavity (figs. 1-2; abstract: ear hook is formed of a silica gel sucker and is read as a sealed cavity with volume).
Re Claim 3, Dongguan discloses the acoustic output device of claim 2, wherein the flexible sealed cavity and the accommodation cavity are integrally formed (figs. 1-2; abstract: ear hook is formed of a silica gel sucker and is read as a sealed cavity with volume).
Re Claim 4, Dongguan discloses the acoustic output device of claim 1, further comprising a pressure sensing unit and a processor, wherein the flexible sealed cavity is in fluid communication with the pressure sensing unit, and the pressure sensing unit generates an electrical signal based on a change in the pressure within the flexible sealed cavity (claim 1: information sensed by pressure sensor is transmitted to a microprocessor; wherein microprocessor involves processing of electrical signals); and the processor is configured to determine the pressure exerted on the ear hook when the user wears the acoustic output device based on the electrical signal (claim 1: information sensed by pressure sensor is transmitted to a microprocessor; wherein microprocessor involves processing of electrical signals).
Re Claim 6, Dongguan discloses the acoustic output device of claim 4, wherein the processor is further configured to identify whether the user is wearing the acoustic output device based on the pressure (claim 1: information sensed by pressure sensor is transmitted to a microprocessor; wherein microprocessor is able to control the tightening of the ear device within the user’s ear by adjusting the pressure thus being able to determine that the ear device has been worn by the user).
Re Claim 7, Dongguan discloses the acoustic output device of claim 4, wherein the processor is configured to determine a contact force between the acoustic output unit and a skin of the user near the ear based on the pressure (claim 1: information sensed by pressure sensor is transmitted to a microprocessor; wherein microprocessor is able to control the tightening of the ear device within the user’s ear by adjusting the pressure thus increasing the friction/contact with the skin).
Re Claim 8, Dongguan discloses the acoustic output device of claim 4, further comprising an adjustment component, wherein the processor is further configured to determine whether the pressure is within a preset pressure range and control the adjustment component to adjust deformation of the ear hook, so that the pressure of the ear hook is within the preset pressure range (claim 1: microprocessor controls until pressure value reaches the predetermined value).
Re Claim 10, Dongguan discloses the acoustic output device of claim 8, but fails to explicitly disclose further comprising a micro motor, wherein the ear hook and the acoustic output unit are rotatably connected through the adjustment component, and an output end of the micro motor is connected with the adjustment component. Since Dongguan teaches the concept of the structure adjusting to auricle includes at least three section supporting element where the supporting elements can be rotated (claim 5). It would have been obvious to one of ordinary skill in the art to include a micro motor in the device of Dongguan for the purpose of seamlessly enabling rotation.
Re Claim 11, Dongguan discloses the acoustic output device of claim 1, but fails to disclose further comprising a rear hook, wherein the ear hook includes a first ear hook and a second ear hook, the acoustic output unit includes a first acoustic output unit and a second acoustic output unit, the first ear hook is connected with the first acoustic output unit and the rear hook, the second ear hook is connected with the second acoustic output unit and the rear hook, the first ear hook suspends the first acoustic output unit near one ear of the user, the second ear hook suspends the second acoustic output unit near the other ear of the user, and the first ear hook and the second ear hook are connected via the rear hook. However, Official Notice is taken that both the concepts and advantages of including another ear device for the other ear where the ear devices for both ears are connected to each other with a rear behind the head hook. It would have been obvious to modify the Dongguan device to include another ear device for the other ear of a user where the ear devices are connected with a behind head of a user hook for the purpose of making the system conveniently usable for both ears.
Re Claim 19, Dongguan discloses the wearable device of claim 17, but fails to disclose comprising a banded structure configured to secure the wearable body to the body of the user, wherein the banded structure is provided with a volume-deformable second flexible sealed cavity for detecting a pressure exerted on the banded structure when the user wears the wearable device, and the second flexible sealed cavity is arranged along an extension direction of the banded structure. However, Official Notice is taken that both the concepts and advantages of including another ear device for the other ear where the ear devices for both ears are connected to each other with a rear behind the head hook/banded extension. It would have been obvious to modify the Dongguan device to include another ear device for the other ear of a user where the ear devices are connected with a behind head of a user hook for the purpose of making the system conveniently usable for both ears.
Re Claim 20, Dongguan discloses the wearable device of claim 17, but fails to explicitly disclose wherein the wearable body includes a smart ring, and the second flexible sealed cavity is located on an inner ring side wall of the smart ring. Official Notice is taken that both the concepts and advantages of including a smart ring with the flexible sealed cavity located on an inner ring side wall are well known. It would have been obvious to modify the Dongguan to include a smart ring with the flexible sealed cavity located on an inner ring side wall for the purpose of being able to incorporate smart functions within the device.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 12-14 & 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dongguan, CN 113259808 A.
Re Claim 12, Dongguan discloses an in-ear headphone, comprising: a headphone body (figs. 1-2; abstract), wherein when a user wears the headphone (figs. 1-2; abstract), the headphone body is worn at an entrance of an ear canal of the user (figs. 1-2: earphone device with ear hook and acoustic output unit/earplug 9; abstract), and a volume-deformable flexible sealed cavity is provided at a position where the headphone body contacts the ear canal of the user (claim 1: pressure is controlled to the silica gel gasbag of the earplug to be deformable to have a friction tight fit into ear canal), the flexible sealed cavity being configured to detect a pressure exerted on the headphone body when the user wears the headphone (claim 1: pressure is controlled to the silica gel gasbag of the earplug to be deformable to have a friction tight fit into ear canal); and a housing, wherein a groove is provided on an outer surface of the housing, a flexible structure is provided at an opening of the groove (figs. 1-2: grooves are naturally formed to accept the earplug along with its silica gel gasbag; claim 1), and the flexible structure covers the opening and forms the flexible sealed cavity with the groove (figs. 1-2: grooves are naturally formed to accept the earplug along with its silica gel gasbag; claim 1).
Re Claim 13, Dongguan discloses the in-ear headphone of claim 12, wherein the flexible sealed cavity is configured as a closed flexible structure (figs. 1-2: grooves are naturally formed to accept the earplug along with its silica gel gasbag; claim 1), and the closed flexible sealed structure is arranged on an outer surface of the housing or embedded in an outer side of the housing (figs. 1-2: grooves are naturally formed to accept the earplug along with its silica gel gasbag; claim 1).
Re Claim 14, Dongguan discloses the in-ear headphone of claim 12, further comprising a pressure sensing unit and a processor, wherein the flexible sealed cavity is in fluid communication with the pressure sensing unit (claim 1: a pressure senor that is able to determine pressure levels between a silica gel air bag of the ear canal insert portion with its output unit/earplug and the external auditory canal that it is inserted therein such that the pressure levels are adjusted to increase/decrease the friction between the earplug and the external auditory canal, wherein the silicone gel air bag of the earplug is connected to the silica gel sucking disc of the ear hook thus change of pressure in the silica gel air bag of the earplug impacts the deformation of the silica gel sucking disc of the ear hook by tightening or loosening the ear hook around the auricle of the user), and the pressure sensing unit is configured to generate an electrical signal based on a change in the pressure within the flexible sealed cavity (claim 1: information sensed by pressure sensor is transmitted to a microprocessor; wherein microprocessor involves processing of electrical signals); and the processor is configured to determine a pressure exerted on the headphone body when the user wears the headphone based on the electrical signal (claim 1: a pressure senor that is able to determine pressure levels between a silica gel air bag of the ear canal insert portion with its output unit/earplug and the external auditory canal that it is inserted therein such that the pressure levels are adjusted to increase/decrease the friction between the earplug and the external auditory canal, wherein the silicone gel air bag of the earplug is connected to the silica gel sucking disc of the ear hook thus change of pressure in the silica gel air bag of the earplug impacts the deformation of the silica gel sucking disc of the ear hook by tightening or loosening the ear hook around the auricle of the user).
Re Claim 16, Dongguan discloses the in-ear headphone of claim 14, wherein the processor is further configured to identify whether the user is wearing the in-ear headphone based on the pressure (claim 1: information sensed by pressure sensor is transmitted to a microprocessor; wherein microprocessor is able to control the tightening of the ear device within the user’s ear by adjusting the pressure thus being able to determine that the ear device has been worn by the user).
Re Claim 17, Dongguan discloses a wearable device (figs. 1-2; abstract), comprising a wearable body (figs. 1-2; abstract), wherein when a user wears the wearable device, the wearable body is worn on the body of the user (figs. 1-2; abstract), and a volume-deformable first flexible sealed cavity is provided at a position where the wearable body contacts the body of the user (claim 1: pressure is controlled to the silica gel gasbag of the earplug to be deformable to have a friction tight fit into ear canal), the first flexible sealed cavity being configured to detect a physiological signal of the user and/or a pressure exerted on the wearable device when the user wears the wearable device (claim 1: a pressure senor that is able to determine pressure levels between a silica gel air bag of the ear canal insert portion with its output unit/earplug and the external auditory canal that it is inserted therein such that the pressure levels are adjusted to increase/decrease the friction between the earplug and the external auditory canal, wherein the silicone gel air bag of the earplug is connected to the silica gel sucking disc of the ear hook thus change of pressure in the silica gel air bag of the earplug impacts the deformation of the silica gel sucking disc of the ear hook by tightening or loosening the ear hook around the auricle of the user; wherein pressure exerted is selected from the Markush claim language).
Re Claim 18, Dongguan discloses the wearable device of claim 17, further comprising a pressure sensing unit and a processor, wherein the first flexible sealed cavity is in fluid communication with the pressure sensing unit (claim 1: a pressure senor that is able to determine pressure levels between a silica gel air bag of the ear canal insert portion with its output unit/earplug and the external auditory canal that it is inserted therein such that the pressure levels are adjusted to increase/decrease the friction between the earplug and the external auditory canal, wherein the silicone gel air bag of the earplug is connected to the silica gel sucking disc of the ear hook thus change of pressure in the silica gel air bag of the earplug impacts the deformation of the silica gel sucking disc of the ear hook by tightening or loosening the ear hook around the auricle of the user), and the pressure sensing unit is configured to generate an electrical signal based on a change in the pressure within the first flexible sealed cavity (claim 1: information sensed by pressure sensor is transmitted to a microprocessor; wherein microprocessor involves processing of electrical signals); and the processor is configured to extract the physiological signal of the user based on the electrical signal (claim 10: microprocessor analyses the heart rhythm).
Allowable Subject Matter
Claims 5, 9, 15 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 for claim 5: The prior art does not teach or moderately suggest the following limitations:
Wherein the determining the pressure exerted on the ear hook when the user wears the acoustic output device based on the electrical signal includes: obtaining a calibration curve, wherein the calibration curve is obtained by fitting electrical signals generated by applying different preset loads to the flexible sealed cavity; and determining the pressure based on the calibration curve.
Limitations such as these may be useful in combination with other limitations of claim 4 and ultimately claim 1.
The following is a statement of reasons for the indication of allowable subject matter for claim 9: The prior art does not teach or moderately suggest the following limitations:
Wherein the adjustment component includes a piezoelectric element, the piezoelectric element is arranged along the extension direction of the ear hook, and the processor is configured to control deformation of the piezoelectric element, so that the pressure of the ear hook is within the preset pressure range.
Limitations such as these may be useful in combination with other limitations of claim 8, claim 4 and ultimately claim 1.
The following is a statement of reasons for the indication of allowable subject matter for claim 15: The prior art does not teach or moderately suggest the following limitations:
Wherein the determining a pressure exerted on the headphone body when the user wears the headphone based on the electrical signal includes: obtaining a calibration curve, wherein the calibration curve is obtained by fitting electrical signals generated by applying different preset loads to the flexible sealed cavity; and determining the pressure based on the calibration curve.
Limitations such as these may be useful in combination with other limitations of claim 14 and ultimately claim 12.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C MONIKANG whose telephone number is (571)270-1190. The examiner can normally be reached Mon. - Fri., 9AM-5PM, ALT. Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R Edwards can be reached at 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 07/25/2026
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