Prosecution Insights
Last updated: July 17, 2026
Application No. 18/935,637

ACOUSTIC OUTPUT DEVICES

Non-Final OA §102§103
Filed
Nov 03, 2024
Priority
Nov 21, 2022 — CN 202211455122.0 +1 more
Examiner
NI, SUHAN
Art Unit
Tech Center
Assignee
Shenzhen Shokz Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
961 granted / 1110 resolved
+26.6% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
22 currently pending
Career history
1129
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
65.6%
+25.6% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1110 resolved cases

Office Action

§102 §103
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 preliminary amended claims filed 11/04/2024. 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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fu et al. (WO 2021/052485). Regarding claim 1, Fu et al. disclose an acoustic output device (700), comprising: a housing (710); a first loudspeaker (740) disposed in the housing, the first loudspeaker being acoustically coupled with a first hole portion (716) and a second hole portion (717) disposed on the housing, respectively, and the first loudspeaker being driven by a first electrical signal to output a first sound wave and a second sound wave having a phase difference through the first hole portion and the second hole portion, respectively; and a second loudspeaker disposed in the housing, the second loudspeaker being driven by a second electrical signal to output a third sound wave (driving of the first electric signal and the second electric signal with opposite phases [0069-0070]), wherein in a target frequency range (the first acoustic driver 720 and the second acoustic driver 730 emit sound waves with opposite phases under the control of the first electrical signal and the second electrical signal with opposite phases implies that at least in a target range, there is an overlap of the first and second signal [0069-0072]), the superposition of the first sound wave, the second sound wave, and the third sound wave generates a directional far-field radiation from the acoustic output device (the sound waves emitted by different sound guide holes, for example, the first sound guide hole 714 and the second sound guide hole 715, the third sound guide hole 716 and the fourth sound guide hole 717, are caused by the opposite phases can cancel each other, thereby reducing the sound leakage volume of the acoustic output device in the far field [0069-0072]) as claimed. Regarding claim 2, Fu et al. further disclose the acoustic output device, wherein the first loudspeaker includes a first diaphragm (121), and in the housing, a front cavity and a rear cavity are respectively provided on a front side and a rear side of the first diaphragm, and the front cavity and the rear cavity are acoustically coupled with the first hole portion and the second hole portion, respectively; the second loudspeaker is disposed in the rear cavity, and the second loudspeaker outputs the third sound wave through the second hole portion acoustically coupled with the rear cavity ([0040-0041]). Regarding claim 4, Fu et al. further disclose the acoustic output device, comprising a modulator, wherein the modulator is configured to modulate the second electrical signal driving the second loudspeaker according to a preset amplitude-frequency adjustment mode ([0040-0041]). 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). Claim 3 is rejected under 35 U.S.C. 103(a) as being unpatentable over Fu et al. (WO 2021/052485). Regarding claim 3, Fu et al. further disclose the acoustic output device, wherein the first loudspeaker includes a first diaphragm, and in the housing, a front cavity and a rear cavity are respectively provided on a front side and a rear side of the first diaphragm, and the front cavity and the rear cavity are acoustically coupled with the first hole portion and the second hole portion, respectively; the housing is provided with a third hole portion, and the second loudspeaker outputs the third sound wave through the third hole portion ([0040-0041]) as claimed. But Fu et al. may not specially teach that a distance from the third hole portion to the second hole portion acoustically coupled with the rear cavity is greater than 0 mm and not greater than 10 mm as claimed. Since providing suitable distance from a third hole portion to a second hole portion acoustically coupled with a rear cavity of an acoustic output 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 distance from the third hole portion to the second hole portion acoustically coupled with the rear cavity, such as greater than 0 mm and not greater than 10 mm, for the acoustic output device taught by Fu et al., in order to provide desirable acoustic output device for certain application. Allowable Subject Matter Claims 5-20 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. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a PTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the 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 on 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. /SUHAN NI/Primary Examiner, Art Unit 2691
Read full office action

Prosecution Timeline

Nov 03, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+13.9%)
2y 4m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1110 resolved cases by this examiner. Grant probability derived from career allowance rate.

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