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
In response to the non-final office action dated 06/26/2026, applicant has amended claims 1 and 5-10. Claims 2-4 have been cancelled. Claims 1 and 5-10 are currently pending in the application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1 and 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang et al (US Pub No. 2018/0343516, hereinafter Jang).
Regarding claim 1, Jang teaches an audio output device (Fig 4, horn speaker 50),comprising: a cabinet including an internal acoustic space (Fig 4, enclosure 58 having internal space); a speaker unit configured to output sound, wherein the speaker unit is attachable to the cabinet (Fig 4, speaker unit 56a); and a sound conducting duct including: an internal space that defines a sound conducting space; and at least two bent sections comprising a first bent section and a second bent section, wherein the sound conduction space is configured to amplify the sound outputted from the speaker unit (Fig 4-5 & ¶ [0040], horn part 120 having internal space and two bent sections formed by partition wall 113a secondary case 54 used to collect sound discharge through discharge outlet 112a), a first end of the sound conducting duct is an audio input port (Fig 5 & ¶ [0040], seating groove 111a collects source sound discharge), a second end of the sound conducting duct is formed as an audio output port (Fig 5 & ¶ [0040], sound discharged through discharge outlet 112a), a direction from the audio input port to the audio output port is a sound conducting direction (Fig 5, direction from seating groove 111a to discharge outlet 112a), in the sound conducting direction, the first bent section is closer to the audio input port than the second bent section (Fig 5, bent section formed by partition wall 113a closer to seating groove 111a), a part of the first bent section is bent forward in a projecting curved shape on a first side of the audio output port in an axial direction (Fig 4-5, part of curve formed by partition wall 113a and secondary case 54), a part of the second bent section is bent rearward in the projecting curved shape on a second side of the audio output port in the axial direction (Fig 4-5, part of curve formed by secondary case 54), the axial direction is with respect to the audio output port, the at least two bent sections are one of continuous in the sound conducting direction or separate in the sound conducting direction (Fig 5, first and second curves formed by partition wall 113a and secondary case 54), in a vertical installation state of the audio output device, the audio input port is above the audio output port (Fig 5, in a vertical orientation the input port of speaker unit 56a would be above discharge outlet 112a), and in a horizontal installation state of the audio output device, at least a lower portion of the sound conducting duct comprises an inclined section that is displaced downward from the audio input port toward the audio output port (Fig 4, horn 120 having inclined portion between first curve and second curve leading to discharge outlet 112a).
Regarding claim 5, Jang teaches the audio output device according to claim 1, further comprising a plurality of bent sections that are continuous in the sound conducting direction, wherein the plurality of bent sections include the at least two bent sections (Fig 4-5 & ¶ [0040], horn part 120 having internal space and two bent sections formed by partition wall 113a secondary case 54).
Regarding claim 6, Jang teaches the audio output device according to claim 1, wherein, in the horizontal installation state of the audio output device, a center in an up-down direction of the audio output port is below a center in an up-down direction of the speaker unit (Fig 10A, center of audio output port 112a below center of speaker unit 56a).
Regarding claim 7, Jang teaches the audio output device according to claim 1, wherein in the vertical installation state of the audio output device, the audio output port is below the speaker unit (Fig 5, in a vertical orientation the input port of speaker unit 56a would be above discharge outlet 112a).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al (US Pub No. 2018/0343516, hereinafter Jang) as applied to claims above, and further in view of Curtiss et al (US Pub No. 2020/0196038, hereinafter Curtiss).
Regarding claim 8, Jang teaches the audio output device according to claim 7.
Jang does not explicitly teach wherein a control section for controlling operation of the speaker unit is disposed above the speaker unit.
Curtiss teaches a control panel disposed above a speaker unit (See Curtiss fig 1, keypad 50).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the keypad taught by Curtiss with the audio output device taught by Jang. Doing so provides an easily accessible control face allowing for ease of use and high visibility for the user.
Regarding claim 9, Jang teaches the audio output device according to claim 1.
Jang does not explicitly teach an operating section located opposite the output port.
Curtiss teaches an operating section located opposite the output port (See Curtiss fig 1, keypad 50 opposite of speaker grille 40).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the keypad taught by Curtiss with the audio output device taught by Jang. Doing so provides an easily accessible control face allowing for ease of use and high visibility for the user.
Regarding claim 10, Jang teaches the audio output device according to claim 1, wherein.
Jang does not explicitly teach a grabbable handle positioned away from and in overlap with the output port and perpendicular to the longitudinal direction.
Curtiss teaches a grabbable handle positioned away from and in overlap with the output port and perpendicular to the longitudinal direction (See Curtiss fig 1, handle 30 positioned away from speaker grille 40, overlapping with speaker grille 40, and perpendicular to longitudinal direction).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the handle taught by Curtiss with the audio output device taught by Jang. Doing so improves the overall ergonomics of the speaker while also enhancing portability and control. This reduces strain on the user by reducing hand fatigue and balancing the load.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Want (US Pub No. 2024/0048882) teaches an audio system having a conduction tube.
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 TYLER LIEBGOTT whose telephone number is (703)756-1818. The examiner can normally be reached Mon-Fri 10-6:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.M.L./Examiner, Art Unit 2694
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
