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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 4 of Patent 12149878. Although the conflicting claims are not identical, they are not patentably distinct from each other because: claim 4 of Patent 12149878 teaches all the limitations in the claims 1 and 16 of instant application because the claims are obvious variants of each other.
Dependent claims 2-15, 17-20 are also rejected because they are obvious variants of the Patented claims.
Dependent claims 2 and 17 of the instant application is rejected by claim 5 of Patent.
Dependent claims 3 and 18 of the instant application is rejected by claim 6 of Patent.
Dependent claim 4 of the instant application is rejected by claim 7 of Patent.
Dependent claim 5 of the instant application is rejected by claim 16 of Patent.
Dependent claims 6 and 20 of the instant application is rejected by claim 7 of Patent.
Dependent claim 7 of the instant application is rejected by claim 19 of Patent.
Dependent claim 8 of the instant application is rejected by claim 16 of Patent.
Dependent claim 9 of the instant application is rejected by claim 15 of Patent.
Dependent claim 10 of the instant application is rejected by claim 8 of Patent.
Dependent claim 11 of the instant application is rejected by claim 9 of Patent.
Dependent claim 12 of the instant application is rejected by claim 11 of Patent.
Dependent claim 13 of the instant application is rejected by claim 12 of Patent.
Dependent claim 14 of the instant application is rejected by claim 13 of Patent.
Dependent claim 15 of the instant application is rejected by claim 13 of Patent.
Dependent claim 19 of the instant application is rejected by claim 4 of Patent.
Patent 12149878
Instant Application 18950147
1. A support assembly for an acoustic device, comprising: a shell configured to provide a space for accommodating one or more components of the acoustic device; and an interaction assembly configured to realize interaction between a user and the acoustic device, wherein the interaction assembly includes a first component and one or more second components, in response to receiving an operation of the user, the first component is configured to trigger at least one of the one or more second components to cause the acoustic device to perform a function corresponding to the at least one of the one or more second components, wherein the first component includes a bracket provided on an outer wall of a side of the shell; and the shell further includes a first portion, a second portion, and a third portion, wherein the first portion is configured to form the space, the space is configured to accommodate a battery assembly or one or more control circuit assemblies of the acoustic device, the third portion is configured to fix a core module of the acoustic device, the second portion is connected with the first portion and the third portion and is configured to hang on outside of ears of a user; and the second portion is provided with a first groove, the bracket cooperates with the first groove of the second portion to form a wire channel, and a wire extends from the core module to the first portion through the wire channel.
2. The support assembly of claim 1, wherein the at least one of the one or more second components includes a key; the shell is provided with one or more holes, the key is arranged on an inner wall of the side of the shell provided with the bracket, and the bracket triggers the key under an external pressure to cause the acoustic device to perform the function corresponding to the key, wherein the function corresponding to the key is configured to at least control the acoustic device to switch on/off, control a volume of the acoustic device up or down, or control switching of a playback function of the acoustic device.
3. The support assembly of claim 2, wherein at least one of the one or more holes is opened on the third portion, and the core module is configured to input and/or output sound.
4. The support assembly of claim 3, wherein one end of the first groove communicates with the hole on the third portion, the bracket is fixed and installed in the first groove and at least a portion of the bracket covers the hole on the third portion.
1. A support assembly for an acoustic device, comprising: a shell including a first portion, a second portion, and a third portion, wherein: the first portion is configured to form a space for accommodating a battery assembly or a control circuit assembly of the acoustic device, the third portion is configured to fix or connect to a core module of the acoustic device, and the second portion is configured to hang on an ear of a user, the second portion is connected with the first portion and the third portion, and the shell is provided with a first groove that is arranged on at least one of the first portion, the second portion, and the third portion; and a bracket configured to be at least partially embedded in the first groove, wherein the bracket cooperates with the first groove to form a wire channel, and a wire extends from the core module to the battery assembly or the control circuit assembly through the wire channel.
16. A support assembly for an acoustic device, comprising: a shell configured to hang on an ear of a user, wherein the shell is provided with a first groove, and the first groove is provided with a pit; and a bracket configured to be at least partially embedded in the first groove, wherein one end of the bracket can be pressed into the pit by an external force.
Claim Rejections - 35 USC § 103
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) 1-2, 4-5, 10-17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN107484054) in view of Park (US 2019/0058951).
Regarding claim 1, Li teaches A support assembly for an acoustic device, comprising: a shell including a first portion (Li figure 2, The third housing 114), a second portion (Li figures 1-2, first housing 113), and a third portion (Li figures 1-2, second housing 112), wherein: the first portion is configured to form a space for accommodating a battery assembly or a control circuit assembly of the acoustic device (Li figure 2, ¶0048, “The third housing 114 cooperates with the first housing 111 to form a first accommodation space 116 for accommodating the battery assembly 13 or the control circuit assembly 14”), the third portion is configured to fix or connect to a core module of the acoustic device (Li figures 1-2, second housing 112 and ¶0051, accommodation space 117 for accommodating the bone conduction speaker), and the second portion is configured to hang on an ear of a user (Li figures 1-2, first housing 113), the second portion is connected with the first portion and the third portion (Li figures 1-2, first housing 113 is connected to housing 112 and housing 114), and the shell is provided with a first groove that is arranged on at least one of the first portion, the second portion, and the third portion (Li figures 1-2, the space that holds elastic wire 1131 or 1133-1134); and a wire extends from the core module to the battery assembly or the control circuit assembly (Li ¶0045, elastic metal wire 1131, wires 1133 and 1134), however does not explicitly teach a bracket configured to be at least partially embedded in the first groove, wherein the bracket cooperates with the first groove to form a wire channel, and a wire extends from the core module to the battery assembly or the control circuit assembly through the wire channel.
Park teaches a bracket configured to be at least partially embedded in the first groove (Park figures 3-4, and ¶0078 “The inner sheath 314 may cover the shape memory ally 311 and the signal wire to locate the shape memory alloy 311 at the connection portion 315”), wherein the bracket cooperates with the first groove to form a wire channel (Park figures 3-4, ¶0076, “The support body 310 may include sheaths 312, 313 and 314 for covering the shape memory alloy 311”), and a wire extends from the core module to the battery assembly (Park figures 3-4, ¶0081, “The wire brackets may be provided as counterparts to fix the signal wires stably and also to form the connection portion 316 which will be described in detail later. The wire brackets 315 may be coupled and covered in the upper and lower sheaths 312 and 313.” ¶0066, “the audio signal received by the wireless communication unit 385 may be transmitted to both earbuds 340 via the signal wire”) or the control circuit assembly through the wire channel.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Park to improve the known support assembly of Li to achieve the predictable result of a more secure wire connection.
Regarding claim 2, Li in view of Park teaches wherein the bracket and the second portion are in a bent shape (Li figure 1, 113 and Park figure 4, backet 315).
Regarding claim 4, Li in view of Park teaches wherein the first groove includes a first segment on the second portion and a second segment on the third portion, and a depth of the first segment is greater than a depth of the second segment ( Li figure 1, with BRI, the portions of housings 112,113 and 114 with the groove holding the elastic wire 1131.).
Regarding claim 5, Li in view of Park teaches wherein the third portion is provided with a key adaption hole, and a key is disposed in the key adaption hole (Li figure 9, plug hole 1111, opening 1112 and plug 123 with slots 1231 sections 123a-123b).
Regarding claim 10, Li in view of Park teaches wherein the first groove includes a third segment on the first portion, and the depth of the first segment is greater than a depth of the third segment ( Li figure 1, with BRI, the portions of housings 112,113 and 114 with the groove holding the elastic wire 1131.).
Regarding claim 11, Li in view of Park teaches wherein the first portion further includes an auxiliary member, and the auxiliary member is fixed in the first groove and fitted with the bracket (Park figure 4, components 315, 323, 316).
Regarding claim 12, Li in view of Park teaches wherein the first groove is provided with a pit, and one end of the bracket can be pressed into the pit by an external force (Park figure 4, space formed by upper sheath 313 which holes the inner sheath 314).
Regarding claim 13, Li in view of Park teaches wherein the first portion includes an auxiliary member that is arranged on the bracket, and the auxiliary member is configured to cover the pit (Park figure 4, components 315, 323, 316).
Regarding claim 14, Li in view of Park teaches wherein the auxiliary member includes a sticker and the sticker is attached to the bracket (Li ¶0042, “adhesion”).
Regarding claim 15, Li in view of Park teaches wherein the auxiliary member and the bracket form an integral structural part (Park figure 4, sheaths 314, bracket 315, sheaths 312-313. It would have been obvious to one having ordinary skill in the art at the time the invention was made to form the auxiliary member and the bracket integrally, since it has been held that forming in one piece an article which has formally been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
).
Regarding claim 16, Li teaches A support assembly for an acoustic device, comprising: a shell configured to hang on an ear of a user (Li figures 1-2, housings 112-114), wherein the shell is provided with a first groove (Li figures 1-2, the space that holds elastic wire 1131 or 1133-1134), however does not explicitly teach the first groove is provided with a pit; and a bracket configured to be at least partially embedded in the first groove, wherein one end of the bracket can be pressed into the pit by an external force.
Park teaches the first groove is provided with a pit (Park figure 4, sheaths 312-313 form a groove, wherein the space in each of the sheaths 312-313 can be considered pits); and a bracket configured to be at least partially embedded in the first groove (Park figures 3-4, and ¶0078 “The inner sheath 314 may cover the shape memory ally 311 and the signal wire to locate the shape memory alloy 311 at the connection portion 315”), wherein one end of the bracket can be pressed into the pit by an external force (Park figures 3-4, the person or machine assembling sheath 314 onto the groove formed by sheaths 312-313, can press the sheath 314 into the groove).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Park to improve the known support assembly of Li to achieve the predictable result of a more secure wire connection.
Regarding claim 17, Li in view of Park teaches wherein the bracket and the first groove are in a bent shape (Li figure 1, 113 and Park figure 4, backet 315).
Regarding claim 19, Li in view of Park teaches wherein the shell includes a first portion (Li figure 2, The third housing 114), a second portion (Li figures 1-2, first housing 113), and a third portion (Li figures 1-2, second housing 112), wherein: the first portion is configured to form a space for accommodating a battery assembly or a control circuit assembly of the acoustic device (Li figure 2, ¶0048, “The third housing 114 cooperates with the first housing 111 to form a first accommodation space 116 for accommodating the battery assembly 13 or the control circuit assembly 14”), the third portion is configured to fix or connect to a core module of the acoustic device (Li figures 1-2, second housing 112 and ¶0051, accommodation space 117 for accommodating the bone conduction speaker), and the second portion is connected with the first portion and the third portion (Li figures 1-2, first housing 113 is connected to housing 112 and housing 114).
Claim(s) 3 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN107484054) in view of Park (US 2019/0058951) in further view of Eldridge (US 2008/0111033).
Regarding claims 3 and 18, Li in view of Park teaches wherein the bracket is provided with a second groove (Park figures 3-4, and ¶0078 “The inner sheath 314 may cover the shape memory ally 311 and the signal wire to locate the shape memory alloy 311 at the connection portion 315”), and the first groove and the second groove cooperate with each other to form the wire channel (Park figures 3-4, ¶0076, “The support body 310 may include sheaths 312, 313 and 314 for covering the shape memory alloy 311”), however does not explicitly teach the groove is on a side facing the shell.
Eldridge teaches the groove is on a side facing the shell (Eldridge figures 2 and 6, ¶0017).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Eldridge to improve the known support assembly of Li in view of Park to achieve the predictable result of a more accessible and wire.
Allowable Subject Matter
Claims 6-9 are objected to as being dependent upon a rejected base claim, but would be allowable if a terminal disclaimer is filed to overcome the double patenting rejection(s) set forth in this office action because the closest prior art either alone or in combination, fail to anticipate or render obvious, the claimed limitation of “wherein the bracket includes a fixing portion corresponding to the first segment and a pressing portion corresponding to the second segment, a thickness of the fixing portion is greater than a thickness of the pressing portion, and the pressing portion is configured to trigger the key when the bracket is pressed by an external force” in combination with all other limitations in the claim(s) as defined by the applicant.
Claims 20 is objected to as being dependent upon a rejected base claim, but would be allowable if a terminal disclaimer is filed to overcome the double patenting rejection(s) set forth in this office action because the closest prior art either alone or in combination, fail to anticipate or render obvious, the claimed limitation of “wherein the third portion is provided with a key adaption hole, a key is disposed in the key adaption hole, and the bracket is configured to trigger the key when the bracket is pressed” in combination with all other limitations in the claim(s) as defined by the applicant.
Conclusion
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/NORMAN YU/Primary Examiner, Art Unit 2693
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