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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17 in the reply filed on 05/08/2026 is acknowledged.
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.
Claims 1, 2, 9, 10 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bellafiore (US 4,532,649).
Regarding claim 1, Bellafiore teaches a wearable audio device (10, 12, 14, 20) comprising a body (12, 15, 20, 64) configured to be located in or on an ear of a user (col. 1, lines 8-16 and col. 3, lines 14-31), the body comprising an acoustic module (24, 26, figures 5, 6), the acoustic module (24, 26, figures 5, 6) located such that the acoustic module is configured to be located in or on the ear of the user (col. 1, lines 8-16 and col. 3, lines 14-31), and a body latching feature (50, 52, figures 3, 5) and a cover plate (14, 66), wherein the cover plate (14, 66, figures 3, 5, 6) is removably coupled to an outer surface of the body by the body latching feature (50, 52, figures 3, 5).
Regarding claim 2, Bellafiore teaches the cover plate (14, 66) that includes a cover plate latching feature (50, figures 3, 5), and wherein the cover plate latching feature interacts with the body latching feature (52, figures 3, 5) to removably couple the cover plate to the body.
Regarding claim 9, Bellafiore teaches the body (12, 15) that includes a recess (figure 5), wherein the body latching feature (50, 52, figures 3, 5) is disposed in the recess (figures 3, 5), and wherein the cover plate (12, 15) is removably disposed in the recess (figures 3, 5).
Regarding claim 10, Bellafiore teaches a wearable audio device (10, 12, 14, 20) comprising a body (12, 15, 20, 64), the body comprising an acoustic module (24, 26, figures 5, 6) configured to transmit audio, the acoustic module located such that the body and the acoustic module are configured to be located in or on an ear of a user (col. 1, lines 8-16 and col. 3, lines 14-31), and a body latching feature (50, 52, figures 3, 5), wherein the body latching feature (50, 52, figures 3, 5) is configured to interact with a cover plate (14, 66) to removably couple the cover plate to an outer surface of the body (figures 3, 5).
Regarding claim 15, Bellafiore teaches the body (12, 15) that includes a recess (figure 5), and the body latching feature (50, 52, figures 3, 5) that is disposed in the recess such that the body latching feature (50, 52, figures 3, 5) is configured to removably dispose the cover plate (14) in the recess.
Claims 1-5, 9-11 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olsen (US 6,430,296).
Regarding claim 1, Olsen teaches a wearable audio device (1, 2, 3, figures 1, 2) comprising a body (1, 2, figure 1) configured to be located in or on an ear of a user (col. 2, lines 54-67), the body comprising an acoustic module (7, figure 1), the acoustic module (7, figure 1) located such that the acoustic module is configured to be located in or on the ear of the user (col. 2, lines 54-67), and a body latching feature (11, 12, 13, 14, 15, 16, 17, 19, 24, 25 and/or 26, figures 1, 2, 3, 6, 7, 10) and a cover plate (3, figures 1, 2, 8, 9, 10), wherein the cover plate (3, figures 1, 2) is removably coupled to an outer surface of the body by the body latching feature (figures 1, 2).
Regarding claim 2, as broadly claimed, Olsen teaches the cover plate (3) that includes a cover plate latching feature (11, 12, 13, 14, 15, 16, 17, 19, 24, 25 and/or 26, figures 1, 2, 3, 6, 7, 10), and wherein the cover plate latching feature interacts with the body latching feature (figures 1, 2, 3, 6, 7, 10) to removably couple the cover plate (3) to the body (1, 2, figures 1, 2, 3).
Regarding claim 3, Olsen teaches the body latching feature (11, 12, 13, 14, 15, 16, 17, 19, 24, 25 and/or 26, figures 1, 2, 3, 6, 7, 10) that comprises at least one tab (17, 19, 24 or 25, figures 2, 6, 7), and the cover plate latching feature comprises at least one recess (12, 13, 14, 15 and/or 26), and wherein the at least one tab is engagable with the at least one recess to removably couple the cover plate (3) to the outer surface of the body (1, 2).
Regarding claim 4, Olsen teaches the at least one recess that comprises a slot and the tab is slidably engagable with the slot (figures 1, 2, 3, 6, 7, 10).
Regarding claim 5, Olsen teaches the slot that at least partially defines an overhang (figures 1, 2) and wherein the cover plate (3) is engagable with a surface of the overhang to removably couple the cover plate (3) to the outer surface of the body (1, 2, figures 1, 2, 3, 6, 7, 10).
Regarding claim 9, Olson teaches the body (1, 2, figure 1) that includes a recess (8, figures 1, 2, 3), wherein the body latching feature (11, 12, 13, 14, 15, 16, 24, 25 and/or 26, figures 1, 2, 3, 6, 7, 10) is disposed in the recess (8, figures 1, 2), and wherein the cover plate (3) is removably disposed in the recess (8, figures 1, 2).
Regarding claim 10, Olsen teaches a wearable audio device (1, 2, 3, figures 1, 2) comprising a body (1, 2, figure 1), the body comprising an acoustic module (7, figure 1) configured to transmit audio, the acoustic module located such that the body and the acoustic module are configured to be located in or on an ear of a user (col. 2, lines 54-67), and a body latching feature (11, 12, 13, 14, 15, 16, 17, 19, 24, 25 and/or 26, figures 1, 2, 3, 6, 7, 10), wherein the body latching feature (11, 12, 13, 14, 15, 16, 24, 25 and/or 26, figures 1, 2, 3, 6, 7, 10) is configured to interact with a cover plate (3, figures 1, 2, 9, 10) to removably couple the cover plate to an outer surface of the body (figures 1, 2).
Regarding claim 11, Olsen teaches the body latching feature (11, 12, 13, 14, 15, 16, 17, 19, 24, 25 and/or 26, figures 1, 2, 3, 6, 7, 10) that comprises one or more tab (17, 19, 24 or 25, figures 2, 6, 7).
Regarding claim 14, Olsen teaches the body latching feature (11, 12, 13, 14, 15, 16, 17, 19, 24, 25 and/or 26, figures 1, 2, 3, 6, 7, 10), wherein the body latching feature (24, 25, 26) is configured to interact with the cover plate (3) to removably couple the cover plate (3) to the outer surface of the body (figures 1, 2, 6, 7, 10) thereby at least partially covering the outer surface of the body (1, 2).
Regarding claim 15, Olsen teaches the body (1, 2, figures 1, 2) that includes a recess (8, figures 1, 2, 3), and the body latching feature (11, 12, 13, 14, 15, 16, 17, 19, 24, 25 and/or 26, figures 1, 2, 3, 6, 7, 10) that is disposed in the recess (8, figures 1, 2) such that the body latching feature is configured to removably dispose the cover plate (3) in the recess (8, figures 1, 2).
Claims 1, 6-10, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carlile et al. (US 2023/0336906).
Regarding claim 1, Carlile et al. teaches a wearable audio device (101, figures 1A, 2) comprising a body (210, 215, 245) configured to be located in or on an ear of a user (figures 1A, 2), the body comprising an acoustic module (210, 212), the acoustic module (210, 212) located such that the acoustic module is configured to be located in or on the ear of the user (figures 1A, 2), and a body latching feature (207, 220, 222, 224) and a cover plate (205, 207, 224, figures 1A, 2), wherein the cover plate (205, 207, 224, figures 1A, 2) is removably coupled to an outer surface of the body (215, 245) by the body latching feature (207, 220, 222, 224).
Regarding claim 6, Carlile et al. teaches the body latching feature (207, 220, 222, 224) that comprises a magnet (222, 224, paragraphs [0025]-[0027]).
Regarding claim 7, Carlile et al. teaches the cover plate (205, 207, 224, figures 1A, 2) that is magnetic (224), and wherein the cover plate (205, 207, 224, figures 1A, 2) is removably coupled to the body (210, 215, 245) by an interaction between the cover plate (205, 207, 224) and the magnet (222).
Regarding claim 8, Carlile et al. teaches the cover plate (205, 207, 224, figures 1A, 2) that includes a cover plate magnet (224, figures 1A, 2), and wherein an interaction between the cover plate magnet (224) and the magnet (222) of the body removably couples the cover plate (205) to the body (210, 215, 245).
Regarding claim 9, Carlile et al. teaches the body (215, 245) that includes a recess, wherein the body latching feature (207, 220, 222, 224) is disposed in the recess (figure 2), and wherein the cover plate (205) is removably disposed in the recess (figures 1A-1C, 2).
Regarding claim 10, Carlile et al. teaches a wearable audio device (101, figures 1A, 2) comprising a body (210, 215, 245), the body comprising an acoustic module (210, 212) configured to transmit audio, the acoustic module located such that the body and the acoustic module are configured to be located in or on an ear of a user (figure 1A, 2), and a body latching feature (207, 220, 222, 224), wherein the body latching feature (207, 220, 222, 224) is configured to interact with a cover plate (205, 207, 224, figures 1A, 2) to removably couple the cover plate to an outer surface of the body (215, 245).
Regarding claim 12, Carlile et al. teaches the body latching feature (207, 220, 222, 224) that comprises a magnet (222, 224).
Regarding claim 13, Carlile et al. teaches the body latching feature (207, 220, 222, 224), wherein the body latching feature (220, figure 2) is configured to slidably engage with the cover plate (205, 207) to removably couple the cover plate (205) to the outer surface of the body (215, 245, figure 2).
Regarding claim 14, Carlile et al. teaches the body latching feature (207, 220, 222, 224), wherein the body latching feature (207, 220, 222, 224) is configured to interact with the cover plate (205) to removably couple the cover plate to the outer surface of the body (215, 245, figure 2) thereby at least partially covering the outer surface (figures 1A-1C, 2).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Bellafiore (US 4,532,649), Olsen (US 6,430,296) or Carlile et al. (US 2023/0336906).
As broadly claimed, Bellafiore, Olsen or Carlile et al. teaches the cover plate that is removably coupled to the outer surface of the body (figures 3, 5 in Bellafiore; figures 1, 2 in Olsen; and figure 2 in Carlile et al.). Bellafiore, Olsen or Carlile et al. does not specifically teach the body that comprises a feedback feature configured to indicate when the cover plate is removably coupled to the outer surface of the body. However, providing an indication for the cover plate removably coupling or fully installed to the body is known in the art.
Therefore, it would have been obvious to one skilled in the art to provide any indication to indicate when the cover plate is removably coupled or fully installed to the outer surface of the body in the system of Bellafiore, Olsen or Carlile et al. such as providing the body comprising a feedback feature to indicate when the cover plate is removably coupled to the outer surface of the body for better indicating the position of the cover plate and/or an operative position for the cover plate in the system.
Allowable Subject Matter
Claim 17 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.
Hanson et al. (US 2025/0048017) teaches an open-ear headphone including an acoustic module (12), a battery housing (14), and a flexible arm (20) physically and electrically connecting the acoustic module to the battery housing, wherein an interface structure (50) is configured to couple the flexible arm (20) to the battery housing (14).
Borra et al. (US 2025/0267412) teaches an ear-wearable electronic device including a faceplate (16) and a shell (12), wherein the faceplate (16) has an inner surface (30) that includes a mating surface (32), and wherein the mating surface (32) of the faceplate (16) has a shape and size configured to matingly engage an end surface (24) of the shell (12).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571) 272-7502. The examiner can normally be reached 9:30 am-6:00 pm.
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, Duc Nguyen can be reached at (571) 272-7503. 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.
/HUYEN D LE/Primary Examiner, Art Unit 2694 HL
July 28, 2026
Prosecution Insights