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 .
Response to Amendment
The amended claim(s) which relate to “ general earphone with hook-shape and holding component and the holding component is prevented from covering an external ear canal of the ear, and a side of the holding component facing the ear is configured with a sound hole, an orthographic projection of the sound hole on the ear along a thickness direction at least partially falling in a concha cavity or a concha boat of the ear” has been further considered in light of rejection.
However, as amended, the claims relate to structural earphone comprising holding component and hook shape component and such holding component may be prevented from covering an external canal and having hole that partially fall in concha cavity- Graff disclose of the above with “fig.1 (18 w (14); col.2 line 25-67), the earphone components may be adjusted to prevent from covering external canal and hole that fall in concha cavity).
Allowable Subject Matter
Claim (s) 11 is 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.
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, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Struzik et al. (US 10,951,970 B1) and Graff et al. (US 10,924,842 B2).
Claim 1, Struzik et al. disclose of an earphone, comprising: a hook-shaped component and a holding component, wherein when the earphone is in a wearing state (fig.2 (20/14) & (20/74); col.6 line 22-25 & col.8 line 45-50), the hook-shaped component is configured to hang between a rear side of an ear of a user and a head of the user, and the holding component is configured to contact a front side of the ear to cooperate with the hook-shaped component to clamp the ear the user (fig.2 (20/14) & (20/74); col.6 line 22-25 & col.8 line 45-50), wherein the holding component includes a core housing configured to accommodate a core for converting an electrical signal into a vibration signal, and a side of the holding component facing the ear is configured with a sound hole (fig.3 (54/56; 14); fig.4 (12); col.7 line 20-45/the holding component with core housing which include such mag and coil and also sound hole on the side), and the sound hole on the ear along a thickness direction at least partially falling in a cavity of the ear (fig.3-4 (14); col.7 line 35-65).
Although, the prior art never specify of the holding component being prevented from covering an external ear canal and the hole associated with the holding component partially fall in concha cavity or concha boot of the ear. But it shall be noted the prior art as in Graff disclose of the adjustable ear device which can be arrange in various anatomies including such only two components holding component and hook shape component and such holding component may be prevented from covering an external canal and having hole that partially fall in concha cavity or concha boot (G-fig.1 (18 w (14); col.2 line 25-67/the adjustable ear may be reconfigured ). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted holding component may be prevented from covering an external canal and having hole that partially fall in concha cavity or concha boot for allowing wearing user to hear ambient sounds.
Furthermore, although, the combined teaching of Struzik et al. and Graff as a whole, never mentioned of any orthographic projection of the sound hole, but one of the ordinary skills in the art could have modified the earphone with holding component and sound hole by adding such an orthographic projection associate therewith for achieving the same expected result for allowing user to better understand the device.
20. The earphone of claim 1, wherein the holding component is in contact with an antihelix of the ear (fig.5-6 (12/74)).
Claim(s) 2-5, 9-10, 12-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Struzik et al. (US 10,951,970 B1) and Graff et al. (US 10,924,842 B2) and Birath (US 10,149,040 B2).
2. The earphone of claim 1, but the prior art never mentioned of such further comprising: a connecting component configured to connect the hook-shaped component and the holding component and extend from the head along a coronal axis of the user towards an outside of the head to cooperate with the hook-shaped component to provide the holding component with a pressing force on the front side of the ear.
However, Birath disclose of a similar connecting component configured to connect the hook-shaped component and the holding component and extend from the head along a coronal axis of the user towards an outside of the head to cooperate with the hook-shaped component to provide the holding component with a pressing force on the front side of the ear (fig.3-4 (125); col.5 line 40-55). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted connecting component configured to connect the hook-shaped component and the holding component and extend from the head along a coronal axis of the user towards an outside of the head to cooperate with the hook-shaped component to provide the holding component with a pressing force on the front side of the ear so as to adjust the corresponding holding component to desired position of the ear to direct the sound.
3. The earphone of claim 2, wherein in a direction from a first connection point between the hook-shaped component and the connecting component to a free end of the hook-shaped component, the hook-shaped component is bent toward the rear side of the ear to form a first contact point with the rear side of the ear, and the holding component forms a second contact point with the front side of the ear, wherein a distance between the first contact point and the second contact point along an extending direction of the connecting component in a natural state is smaller than that in a wearing state to provide the holding component with the pressing force on the front side of the ear (Bi-fig.3-4 (125); col.6 line 30-40/the component is resiliently stretch according to wearing state).
Claim 4. The earphone of claim 3, However, none of the prior art specify as wherein the hook-shaped component further forms a third contact point with the rear side of the ear, the third contact point being located between the first connection point and the first contact point and being closer to the first connection point, wherein a distance between projections of the first contact point and the third contact point on a reference plane perpendicular to the extending direction of the connecting component in the natural state is smaller than that in the wearing state.
However, one of the ordinary skills in the art could have modified the connection component for providing user’s adjustment to ear by adding if desired such specific hook-shaped component further forms a third contact point with the rear side of the ear, the third contact point being located between the first connection point and the first contact point and being closer to the first connection point, wherein a distance between projections of the first contact point and the third contact point on a reference plane perpendicular to the extending direction of the connecting component in the natural state is smaller than that in the wearing state for achieving the same result as to adjust the corresponding holding component to desired position of the ear to direct the sound.
5. The earphone of claim 2, but the prior art never specify such additional aspect regarding wherein in a direction from a first connection point between the hook-shaped component and the connecting component to a free end of the hook-shaped component, the hook-shaped component is bent toward the head to form a first contact point and a second contact point with the head, wherein the first contact point is located between the second contact point and the first connection point, so that the hook-shaped component forms a lever structure with the first contact point as a fulcrum; and a force directed to the outside of the head and provided by the head at the second contact point causes a force directed to the head at the first connection point by the lever structure to provide the holding component with the pressing force on the front side of the ear through the connecting component.
However, one of the ordinary skills in the art could have modified the connection component for providing user’s adjustment to ear by adding such specific direction from a first connection point between the hook-shaped component and the connecting component to a free end of the hook-shaped component, the hook-shaped component is bent toward the head to form a first contact point and a second contact point with the head, wherein the first contact point is located between the second contact point and the first connection point, so that the hook-shaped component forms a lever structure with the first contact point as a fulcrum; and a force directed to the outside of the head and provided by the head at the second contact point causes a force directed to the head at the first connection point by the lever structure to provide the holding component with the pressing force on the front side of the ear through the connecting component for achieving the same result as to adjust the corresponding holding component to desired position of the ear to direct the sound.
9. The earphone of claim 2, wherein in the wearing state, the connecting component is connected to a lower edge of the holding component (Bi-fig.3-4 (125); col.5 line 40-55).
10. The earphone of claim 2, wherein the holding component has a multi-section structure to adjust a relative position of the core on an overall structure of the earphone (Stru-fig.4-6 (12).
12. The earphone of claim 2, wherein in the natural state, and viewed from a side of the earphone facing a top of the user's head in the wearing state, the holding component is at least spaced apart from a section of the hook-shaped component close to the connecting component in the thickness direction; and the connecting component is arranged in a shape of an arc and connected between the holding component and the hook-shaped component (stru-fig.4-6 (12/20); col.6 line 25-42).
13. The earphone of claim 12,but the prior art never limit such aspect concerning wherein in the thickness direction, a minimum distance between the section of the hook-shaped component close to the connecting component and the holding component is greater than 0 and smaller than or equal to 5 mm.
But, it would have been obvious for one of the ordinary skills in the art to have modified the prior art with hook shape and connecting component and holding component by specifying if desired such thickness direction, a minimum distance between the section of the hook-shaped component close to the connecting component and the holding component is greater than 0 and smaller than or equal to 5 mm as per designer’s preference for achieving the same result as to provide the proper adjustment of the corresponding holding component to desired position of the ear to direct the sound.
14. The earphone of claim 12, although, the prior art never specify as wherein edges of the section of the hook-shaped component close to the connecting component, the connecting component, and the holding component facing the ear are arranged in a shape of a circuitous arc; and in a reference direction that passes through a roundabout inflection point of the circuitous arc and is parallel to a length direction of the holding component, a minimum width of the circuitous arc along the thickness direction at a position 3 mm away from the roundabout inflection point is in a range of 1mm to 5mm.
One of the ordinary skills in the art could have modified the structural configuration of the mentioned hook-shaped component and connecting component and holding component facing the ear are arranged in a shape of a circuitous arc as noted herein (fig.2; 4) by specifying such edges of the section of the hook-shaped component close to the connecting component, the connecting component, and the holding component facing the ear are arranged in a shape of a circuitous arc; and in a reference direction that passes through a roundabout inflection point of the circuitous arc and is parallel to a length direction of the holding component, a minimum width of the circuitous arc along the thickness direction at a position 3 mm away from the roundabout inflection point is in a range of 1mm to 5mm for achieving the same expected result as to provide the proper adjustment of the corresponding holding component to desired position of the ear to direct the sound.
15. The earphone of claim 12, wherein a distance between a center of the sound hole and the section of the hook-shaped component close to the connecting component in the thickness direction is noted herein (strut-fig.3-4 (14); col.4 line 35-40; col.8 line 5-20).
But, the prior art never limit of the distance associated with the sound hole to being in a range of 3 mm to 6 mm. however, one of the ordinary skills in the art could have configured the mentioned sound hole as presented by specifying if desired such distance associated with the sound hole to being in a range of 3 mm to 6 mm so as to direct sound proximate to the user’s ear canal.
16. The earphone of claim 12, wherein a side of the holding component facing the ear includes a first region and a second region, wherein the first region is configured with the sound hole; and the second region is farther away from the connecting component than the first region and is more protruding toward the ear than the first region (st-fig.6 (14/52); col.7 line 50-67; col.8 line 5-20).
Claim 17, the earphone of claim 16, wherein a distance between the second region and the section of the hook-shaped component close to the connecting component in the thickness direction is noted (st-fig.4 (20/74); col.8 line 5-50).
But, the prior art never specify of the distance as being in a range of 1 mm to 5 mm. however, one of the ordinary skills in the art could have configured the mentioned associated with second region and the hook-shape component as presented by specifying if desired such distance to being in a range of 1 mm to 5 mm so as to direct sound proximate to the user’s ear canal.
18. The earphone of claim 17, wherein an orthographic projection of the section of the hook-shaped component close to the connecting component in the thickness direction partially overlaps the second region (st-fig.4 (30/74)).
19. The earphone of claim 16, wherein a maximum protrusion height of the second region relative to the first region in the thickness direction is noted (strut-col.8 line 5-20).
But, the prior art never specify of the maximum protrusion height as being in a range greater than 1 mm. however, one of the ordinary skills in the art could have configured the mentioned associated with second region and the hook-shape component as presented by specifying if desired such maximum protrusion to being in a range of 1 mm to 5 mm so as to stably attach the device to the user’s ear.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Struzik et al. (US 10,951,970 B1) and Graff et al. (US 10,924,842 B2) and Hu (US 8,374,375 B2).
6. The earphone of claim 1, but the prior art never specify as further including an extending component, wherein the extending component is arranged on the holding component, and extends into any one of a concha cavity, a concha boat, a triangular fossa, and a scapha of the ear in the wearing state; or the extending component is arranged on the hook-shaped component, and hooks a helix or an antihelix of the ear in the wearing state.
However, Hu et al. disclose of a certain extending component, wherein the extending component is arranged on the holding component, and extends into any one of a concha cavity, a concha boat, a triangular fossa, and a scapha of the ear in the wearing state; or the extending component is arranged on the hook-shaped component, and hooks a helix or an antihelix of the ear in the wearing state (fig.3-4 (4); col.4 line 55-67). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to a certain extending component, wherein the extending component is arranged on the holding component, and extends into any one of a concha cavity, a concha boat, a triangular fossa, and a scapha of the ear in the wearing state; or the extending component is arranged on the hook-shaped component, and hooks a helix or an antihelix of the ear in the wearing state so as to ensure of the headset being attach firmly to the user’s ear.
7. The earphone of claim 6, but the prior art never specify as wherein the extending component is detachably connected to the holding component.
However, one of the ordinary skills in the art could have reconfigured the mentioned extending component to any particular aspect including if desired having such extending component is detachably connected to the holding component for achieving the same expected result so as to provide the user with options to particular attachment and abutment of the device to the user’s ear.
8. The earphone of claim 6, wherein the extending component is sleeved on the holding component through an extending sleeve (Hu-fig.3-4 (4)).
But the art never limit such particular characteristic of the extending component to being of elastic, but it would have been obvious for one of the ordinary skills in the art to have modified the particular extending component to any desired characteristic and including if desired adding such elastic component if desired for achieving the same result for allowing the user to extend the extending component and thus providing the proper attachment and stability to the user’s head.
.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DISLER PAUL whose telephone number is (571)270-1187. The examiner can normally be reached 9:00-6:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chin, Vivian can be reached at (571) 272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DISLER PAUL/Primary Examiner, Art Unit 2695
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