The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Applicant's election with traverse of Species 2 (Figure 4), claims 1-7, 9, 10, 12, 14-17, and 19 readable thereon, in the reply filed on July 1, 2026 is acknowledged. The traversal is on the grounds that: “Species 2-6 identified by the Office are not ‘Patentably Distinct’”; and ”the Examiner’s search for the elected species would therefore naturally retrieve the same prior art references applicable to the non-elected species, without imposing any substantial, independent, or additional search burden on the Examiner”. This is not found persuasive.
Regarding the applicants’ remarks that the species are not patentably distinct, the applicant makes the argument that because “the alleged distinctions among Species 2-6 merely represent different illustrative embodiments or routine design alternatives … that fall squarely within the broad scope of independent claim 1 … these variations do not give rise to separate and distinct inventions because they share the identical core inventive concept…” The examiner respectfully disagrees. Although independent claim 1 may serve as a linking/generic claim that fully encompasses all of Species 2-6, the species 2-6 are still considered to be patentably distinct species of the invention. For example, the species 2 (fig. 4) invention includes support structure 430 attached to shell 422, whereas the species 5 (fig. 12) includes support structure 1230 attached to panel 1221 and not to shell 1222. Also, the species 5 (fig. 12) includes element(s) 12111/12112, which is not included in species 2 (fig. 4). Thus, since the species are disclosed as different embodiments of the invention having different configurations and/or components which are not disclosed as usable together in the same device, the species 2-6 are independent or distinct as explained in the restriction requirement.
Regarding the applicants’ remarks that there is no serious burden of search in the examination of the present invention, the applicant argues that the search queries and the scope of prior art documents would naturally cover the other species, without incurring a substantial, independent, and additional search burden. The examiner respectfully disagrees. Although the twenty-seven patentably distinct species, as identified by the examiner in the restriction requirement, may share common elements, components, and/or configurations, each of the species further include distinct elements which would add significantly to the burdensome nature of the search and examination of the application if the examiner were required to examine all the patentably distinct species in the application.
Further, since claim 14 reads on non-elected species 5 (fig. 12), and not on elected species 2 (fig. 4), claim 14, as well as claims 11, 22, and 25-27, are withdrawn from further consideration as being drawn to a non-elected invention.
The requirement is still deemed proper and is therefore made FINAL.
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 1-3, 10, 12, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (WO 2021/196795 A1).
Regarding claim 1, Zhang discloses an acoustic output device 1100 (see figure 11, for example), comprising: a transducer device configured to generate a mechanical vibration based on an electrical signal, wherein the transducer device includes a magnetic circuit assembly 1111 and an elastic support component 1131; a housing configured to accommodate the transducer device, wherein the housing including a panel 1112 and a shell 1120, the transducer device transmits the mechanical vibration to a user through the panel 1112 (see para. 0097, regarding “at least one of the one or more vibration plates 512 may be physically connected with the housing 520 that may contact the skin of a user (e.g., the skin on the head of the user), and transfer the bone conduction acoustic waves to a cochlea of the user when the user wears the acoustic output device”); and an additional element 1133 connected to the panel 1112 through a vibration path (via at least elements 1131, 1120, and 1111, for example), the vibration path at least including an elastic element 1131. The additional element 1133 is located at a sidewall of the shell 1120 adjacent to the panel 1112, and the elastic support component 1131 connects the magnetic circuit assembly 1111 and the sidewall disposed with the additional element 1133 as claimed.
Regarding claim 2, at least a portion of a connection end of the elastic support component 1131 that is connected to the sidewall is located within an orthographic projection of the additional element 1133 on the sidewall. See figure 11, which teaches that an end of the elastic support component 1131 is connected to the sidewall as claimed.
Regarding claim 3, the elastic support component 1131 is connected to a side of the magnetic circuit assembly 1111 back away from the panel 1112 and is connected to an intermediate region on the side of the magnetic circuit assembly 1111 back away from the panel 1112 as claimed. See figure 11.
Regarding claim 10, the panel 1112 is rigidly connected to the shell 1120. The additional element 1133 is connected to the sidewall of the shell 1120 adjacent to the panel 1112 through the elastic element 1131. The additional element 1133 and the elastic element 1131 are part of the sidewall of the shell 1120 adjacent to the panel 1112. The magnetic circuit assembly 1111 is connected to another portion of the sidewall of the shell 1120 adjacent to the panel 1112 through the elastic support component 1131.
Regarding claim 12, the elastic element 1131 is a reed structure with elasticity as claimed.
Regarding claim 19, the additional element 1133 includes an air-conduction loudspeaker. An included angle between a vibration direction of a diaphragm of the air conduction loudspeaker 1133 and a vibration direction of the transducer device is between 75º - 100º (approximately 90º). See figure 11.
Claims 1-7, 9, 10, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu (CN 211406274 U, in view of the English Language Translation (ELT)).
Regarding claim 1, Zhu discloses an acoustic output device (see figures 2-3, for example), comprising: a transducer device 100 configured to generate a mechanical vibration based on an electrical signal, wherein the transducer device 100 includes a magnetic circuit assembly and an elastic support component 190; a housing configured to accommodate the transducer device 100, the housing including a panel 172 and a shell 110, 1112, the transducer device 100 transmits the mechanical vibration to a user through the panel 172 (see ELT, page 6, regarding “in operation, the vibration generated by the vibration plate 160 is transmitted to the conductive plate 172 through the conductive pillar 171, and the conductive plate 172 transmits sound through the bone conduction principle”); and an additional element 200 elastically connected to the panel 172 through a vibration path (via at least elements 210, 110, 1112, 160, 171, and 190 for example), the vibration path at least including an elastic element 190. The additional element 200 is located at a sidewall of the shell 110, 1112 adjacent to the panel 172, and the elastic support component 190 connects the magnetic circuit assembly and the sidewall disposed with the additional element 200 as claimed.
Regarding claim 2, at least a portion of a connection end of the elastic support component 190 that is connected to the sidewall is located within an orthographic projection of the additional element 200 on the sidewall.
Regarding claim 3, the elastic support component 190 is connected to a side of the magnetic circuit assembly back away from the panel 172 and is connected to an intermediate region on the side of the magnetic circuit assembly back away from the panel 172 as claimed.
Regarding claim 4, the elastic element 190 is a vibration damping sheet, and the panel 172 is elastically connected to the shell 110, 1112 through the vibration damping sheet.
Regarding claim 5, the transducer device 100 further includes a vibration plate 160, the vibration plate 160 being rigidly connected to the panel 172, and the shell 110, 1112 being connected to the vibration plate 160 and the panel 172 through the vibration damping sheet.
Regarding claim 6, the acoustic output device further includes a support structure configured to wear the acoustic output device on an ear or a head region of the user without blocking an ear canal of the user. The support structure being rigidly connect to the shell 110, 1112 or the panel 172. See ELT, page 2, regarding “the bone conduction earphone is used, the ear is not required to be plugged, the ear is opened, …” See also, ELT, page 6, regarding “in operation, the vibration generated by the vibration plate 160 is transmitted to the conductive plate 172 through the conductive pillar 171, and the conductive plate 172 transmits sound [though the head region of the user] through the bone conduction principle”.
Regarding claim 7, the elastic element 190 is a ring structure with elasticity. The panel 172 is sealed and connected to the shell 110, 1112 through the ring structure to form an accommodation cavity for accommodating the transducer 100.
Regarding claim 9, the panel 172 and a sidewall of the shell 110, 1112 opposite to the panel 172 are connected through the elastic element 190 and the sidewall adjacent to the panel 172.
Regarding claim 10, the panel 172 is rigidly connected to the shell 110, 1112. The additional element 200 is connected to the sidewall of the shell 110, 1112 adjacent to the panel 172 through the elastic element 190. The additional element 200 and the elastic element 190 are part of the sidewall of the shell 110, 1112 adjacent to the panel 172. The magnetic circuit assembly is connected to another portion of the sidewall of the shell 110, 1112 adjacent to the panel 172 through the elastic support component 190.
Regarding claim 12, the elastic element 190 is a ring structure with elasticity.
Claims 15-17 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W HUBER whose telephone number is (571)272-7588.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen, can be reached at telephone number 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W HUBER/Primary Examiner, Art Unit 2691
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September 3, 2026
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