DETAILED ACTION
The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691.
This communication is responsive to the claims filed 10/04/2024.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed limitations of “an ear-wearable electronic device, comprising: a housing comprising a housing wall, the housing wall comprising an outer surface, an inner surface, and an aperture extending between the outer and inner surfaces; a light emitting device disposed in the housing; and an elastomeric light pipe disposed within the aperture and arranged to receive light from the light emitting device, an interface between a section of the housing wall comprising the aperture and the elastomeric light pipe defining a convoluted path for impeding passage of fluid between the outer and inner surfaces of the housing wall” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Notice of Pre-AIA or AIA Status
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 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.
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 1-2, 5-6 and 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Higgins et al. (U. S. Pat. App. Pub. No. – 2017/0195807).
Regarding claim 1, Higgins et al. disclose an ear-wearable electronic device (10), comprising: a housing (20) comprising a housing wall (22, 24), the housing wall comprising an outer surface, an inner surface, and an aperture extending between the outer and inner surfaces (44); a light emitting device (26) disposed in the housing; and an elastomeric light pipe ([0042]) disposed within the aperture and arranged to receive light from the light emitting device, an interface between a section of the housing wall comprising the aperture and the elastomeric light pipe defining a convoluted path for impeding passage of fluid between the outer and inner surfaces of the housing wall (Figs. 2-5) as claimed.
Regarding claim 2, Higgins et al. further disclose the device, wherein the elastomeric light pipe (26) comprises a first retention feature and the section of the housing wall comprising the aperture comprises a second retention feature configured to receive the first retention feature (Figs. 3-4).
Regarding claim 5, Higgins et al. further disclose the device, wherein the elastomeric light pipe comprises a solid elastomeric member ([0042]).
Regarding claim 6, Higgins et al. further disclose the device, wherein the elastomeric light pipe comprises a thermoplastic elastomeric material or a thermoset elastomeric material ([0042]).
Regarding claim 8, Higgins et al. further disclose the device, wherein the elastomeric light pipe (26) comprises a flange configured to form a compression axial seal with the inner surface of the housing wall (Figs. 3-5).
Regarding claim 9, Higgins et al. further disclose the device, comprising a spine (24) disposed within the housing and configured to support components of the ear-wearable electronic device, wherein: the light emitting device (26) is disposed on a top surface of the spine that faces the inner surface of the housing wall; and the elastomeric light pipe is positioned over the light emitting device (Figs. 3-5).
Regarding claim 10, Higgins et al. further disclose the device, comprising a spine (22) disposed within the housing and configured to support components of the ear-wearable electronic device, wherein: the light emitting device (26) is disposed in the housing proximate a cutout through the spine; and the elastomeric light pipe is positioned over the cutout (Figs. 3-5).
Regarding claim 11, Higgins et al. further disclose the device, wherein the light emitting device (26) and the elastomeric light pipe ([0042]) are situated within or proximate a switch area of the housing.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103 (a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
Claims 3-4 and 7 are rejected under 35 U.S.C. 103(a) as being unpatentable over Higgins et al. (U. S. Pat. App. Pub. No. – 2017/0195807).
Regarding claims 3-4, Higgins et al. may not specially teach in details for retention features as claimed. Since providing suitable retention means for coupling a light pipe into an ear-wearable electronic device is very well known in the art (Official Notice), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable retention means, such as a snap-fit feature and/or protruding regions, for coupling the light pipe into the ear-wearable electronic device taught by Higgins et al., in order to effectively and efficiently manufacture the ear-wearable electronic device.
Regarding claim 7, Higgins et al. may not specially teach for details of a plurality of lap joints formed between the housing wall section as claimed. Since providing suitable coupling means for coupling housing members of an ear-wearable electronic device is very well known in the art (Official Notice), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable coupling means, such as a plurality of lap joints formed between the housing wall section, for coupling the housing members of the ear-wearable electronic device taught by Higgins et al., in order to effectively and efficiently manufacture the ear-wearable electronic device.
Allowable Subject Matter
Claims 13-24 are allowed.
Claim 12 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm.
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/SUHAN NI/Primary Examiner, Art Unit 2691
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