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 .
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/942,356 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are claiming an earphone comprising a core module and a hook structure connected to the core module, wherein in a wearing state, the core module is located at a front side of an ear, and a free end of the core module that is not connected to the hook structure extends into a cavity of auricular concha of the ear, a portion of the hook structure is located on a rear side of the ear, an orthographic projection of the hook structure and an orthographic projection of the core module on a first reference plane perpendicular to a thickness direction do not overlap, the thickness direction being a direction in which the core module is close to or away from the ear, a first reference line segment having a shortest length is between the orthographic projection of the hook structure and the orthographic projection of the core module, and when the core module is fixed, the hook structure, when pulled 5 mm to 10 mm away from the core module along a direction parallel to the first reference line segment, has a pulling force between 0.6 N and 8 N at a measurement fixed position, the measurement fixed position being a position that is, in a length direction of the hook structure, 16 mm to 27 mm away from a free end of the hook structure that is not connected to the core module (note claims 1, 10 and 14 in the Application No. 18/942,356 (reference application)). The limitations in claims 1-20 of copending Application No. 18/942,356 (reference application) cover the limitations in claims 1-20 of the present invention.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yan et al. (US 2025/0071465).
Regarding claim 1, Yan et al. teaches an earphone (10) comprising a core module (11) and a hook structure (12) connected to the core module, wherein in a wearing state, the core module is located at a front side of an ear, and a free end of the core module that is not connected to the hook structure extends into a cavity of auricular concha of the ear, a portion of the hook structure is located on a rear side of the ear (paragraphs [0004], [0172], figures 2-5), an orthographic projection of the hook structure (12) and an orthographic projection of the core module (11) on a first reference plane (figure 20) perpendicular to a thickness direction (X1) do not overlap, the thickness direction (X1) being a direction in which the core module is close to or away from the ear (lines 1-7, in paragraph [0175], figures 4, 20), a first reference line segment (RL1, figures 4, 20) having a shortest length is between the orthographic projection of the hook structure and the orthographic projection of the core module (lines 9-12 in paragraph [0175], figures 4, 20), and when the core module is fixed, the hook structure, when pulled 5 mm to 10 mm away from the core module along a direction parallel to the first reference line segment, has a pulling force between 0.6 N and 8 N at a measurement fixed position (P1, figures 4, 20), the measurement fixed position being a position that is, in a length direction of the hook structure, 16 mm to 27 mm away from a free end of the hook structure that is not connected to the core module (lines 16-28 in paragraph [0175], figures 4, 9, 20).
Regarding claim 2, Yan et al. teaches the earphone, wherein when the core module (11) is fixed, the hook structure (12), when pulled 5 mm to 10 mm away from the core module along the direction parallel to the first reference line segment, has a pulling force between 0.8 N and 5 N at the measurement fixed position (lines 29-35 in paragraph [0175], figures 4, 20).
Regarding claim 3, Yan et al. teaches a length of the first reference line segment (RL1) is between 2 mm and 3 mm (lines 1-2 in paragraph [0180]).
Regarding claim 4, Yan et al. teaches the earphone, wherein when the core module (11) is fixed, the hook structure (12), when pulled 1 mm to 5 mm away from the core module along the direction parallel to the first reference line segment (RL1), has a pulling force between 0.1 N and 1.96 N at the measurement fixed position (paragraph [0176]).
Regarding claim 5, Yan et al. teaches the earphone, wherein a distance between the measurement fixed position (P1) and the first reference line segment (RL1) is less than or equal to 1 mm (paragraph [0181]).
Regarding claim 6, Yan et al. teaches the earphone, wherein the core module (11) has a length direction (Y1) and a width direction (Z1) that are perpendicular to the thickness direction (X1) and orthogonal to each other, a length of the core module (11) in the length direction (Y1) is greater than a width of the core module (11) in the width direction (Z1), an orthographic projection of the free end (FE) of the core module (11) on a second reference plane perpendicular to the length direction (Y1) has a geometric center (GC), and a distance between the measurement fixed position and an extended line passing through the geometric center and parallel to the first reference line segment is less than or equal to 1 mm (lines 1-16, paragraph [0182], figures 20, 21).
Regarding claim 7, Yan et al. teaches the earphone, wherein the core module (11) has a length direction (Y1) and a width direction (Z1) that are perpendicular to the thickness direction (X1) and orthogonal to each other, a length of the core module (11) in the length direction(Y1) is greater than a width of the core module (11) in the width direction (Z1), a second reference line segment (RL2) having a largest length and parallel to the width direction (Z1) is between the orthographic projection of the hook structure (12) and the orthographic projection of the core module (11), and the length of the second reference line segment (RL2) is between 13 mm and 20 mm (lines 1-16, paragraph [0183], figure 20).
Regarding claim 8, Yan et al. teaches earphone, wherein a point (P3) where the second reference line segment (RL2) intersects with the orthographic projection of the core module (11) is designated as a starting point of the second reference line segment, a point (P4) where the second reference line segment (RL2) intersects with the orthographic projection of the hook structure (12) is designated as an endpoint of the second reference line segment (RL2), a third reference line segment (RL3), passing through 1/4 of the second reference line segment (RL2) and parallel to the length direction (Y1), intersects with the hook structure (12) at a first intersection point (P5) and a second intersection point (P6), the first intersection point being closer to the core module in the length direction of the hook structure than the second intersection point, a distance between the first intersection point (P5) and the starting point of the second reference line segment (RL2) is between 9 mm and 15 mm, and a distance between the second intersection point (P6) and the starting point of the second reference line segment is between 12 mm and 19 mm (paragraph [0185], figure 20).
Regarding claim 9, Yan et al. teaches earphone, wherein the hook structure (12) includes an elastic metal wire (121) connected to the core module (11) and a battery housing (123) connected to an end of the elastic metal wire that is away from the core module (11), a battery (14) connected to the core module is disposed within the battery housing (123), and an extended line of the first reference line segment (RL1) passes through the battery housing (lines 1-8, paragraph [0186], figures 9, 20).
Regarding claim 10, Yan et al. teaches earphone, wherein the battery housing (123) includes a cover housing (1231) connected to the elastic metal wire and a battery compartment (1232) connected to the cover housing, the battery compartment and the cover housing cooperate to form a cavity structure for accommodating the battery (14), the hook structure (12) includes a flexible coating (128) at least covering the elastic metal wire (121) and the cover housing (1231), and the extended line of the first reference line segment passes (RL1) through a section where the flexible coating overlaps with the cover housing (paragraph [0187], figures 9, 20).
Regarding claim 11, Yan et al. teaches earphone, wherein the battery compartment (1232) is open at an end in the length direction of the hook structure (12), the cover housing (1231) is partially embedded into the open end of the battery compartment (1232), and the flexible coating (128) does not cover the battery compartment (1232), and an outer surface of the flexible coating (128) transitions smoothly to an outer surface of the battery compartment (lines 1-17, paragraph [0188], figures 9, 20).
Regarding claim 12, Yan et al. teaches earphone, wherein the measurement fixed position (P1) is located at a junction between the flexible coating (128) and the battery compartment (lines 18-20, paragraph [0188], figure 20).
Regarding claim 13, Yan et al. teaches earphone, wherein a diameter of the elastic metal wire (121) is between 0.6 mm and 0.8 mm (paragraph [0166], figure 9).
Regarding claim 14, Yan et al. teaches earphone, the core module (11) includes a core housing (111) connected to the hook structure (12) and a loudspeaker (112) arranged within the core housing, in the wearing state, a side of the core housing (111) facing the ear is provided with a sound outlet hole (111a), a sound wave generated by the loudspeaker is transmitted out through the sound outlet hole, the core module (11) cooperates with the cavity of auricular concha to form an auxiliary cavity that is in flow communication with an external ear canal of the ear, and at least a portion of the sound outlet hole (111a) is located within the auxiliary cavity (paragraphs [0011], [0074], [0076], claim 8, figures 1, 3, 5, 7, 8).
Regarding claim 15, Yan et al. teaches the auxiliary cavity that is configured as a semi-open cavity (paragraphs [0011], [0076], claim 9).
Regarding claim 16, Yan et al. teaches the earphone, wherein in the wearing state, the core module (11) has an inner side surface (IS) facing the ear in a thickness direction (X1) of the core module and an outer side (OS) surface away from the ear in the thickness direction of the core module, the thickness direction (X1) being a direction in which the core module (11) is close to or away from the ear in the wearing state, and in a non-wearing state, at least a portion of the battery housing is located between the inner side surface and the outer side surface in the thickness direction (paragraphs [0062] [0194], figures 3, 4 9, 20, 21, 22).
Regarding claim 17, Yan et al. teaches the earphone, wherein the core module (11) has a length direction (Y1) and a width direction (Z1) that are perpendicular to the thickness direction and orthogonal to each other, a length of the core module in the length direction (Y1) is greater than a width of the core module in the width direction (Z1), an orthographic projection of the cover housing (1231) along the length direction (Y1) at least partially overlaps with an orthographic projection of the core module (11) along the length direction (Y1), and an orthographic projection of the battery compartment (1232) along the length direction (Y1) at least partially does not overlap with the orthographic projection of the core module (11) along the length direction (paragraphs [0169], [0194], figures 2, 9, 19, 22).
Regarding claim 18, Yan et al. teaches the earphone, wherein in the wearing state, a distance between the free end of the hook structure (12) that is not connected to the core module (11) and an upper ear root of the ear on a vertical axis of a human body is in a range of 37 mm-56 mm (paragraph [0199], figure 3).
Regarding claim 19, Yan et al. teaches the earphone, wherein in the wearing state, a distance between the free end of the hook structure that is not connected to the core module and an edge of an earlobe on a vertical axis of a human body is less than or equal to 10 mm (paragraph [0200], figure 3).
Regarding claim 20, Yan et al. teaches the earphone, wherein a length of the battery compartment (1232) in the length direction of the hook structure (12) is in a range of 10 mm-20 mm (paragraph [0201]).
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu et al. (US 2025/0048015).
Regarding claim 1, Xu et al. teaches an earphone (10) comprising a core module (11) and a hook structure (12) connected to the core module, wherein in a wearing state, the core module is located at a front side of an ear, and a free end of the core module that is not connected to the hook structure extends into a cavity of auricular concha of the ear, a portion of the hook structure is located on a rear side of the ear (paragraphs [0004], [0172], figures 2-5), an orthographic projection of the hook structure (12) and an orthographic projection of the core module (11) on a first reference plane (figure 20) perpendicular to a thickness direction (X) do not overlap, the thickness direction (X) being a direction in which the core module is close to or away from the ear (paragraph [0167], figures 4, 20), a first reference line segment (RL1, figures 4, 20) having a shortest length is between the orthographic projection of the hook structure and the orthographic projection of the core module (paragraph [0167], figures 4, 20), and when the core module is fixed, the hook structure, when pulled 5 mm to 10 mm away from the core module along a direction parallel to the first reference line segment, has a pulling force between 0.6 N and 8 N at a measurement fixed position (P1, figures 4, 20), the measurement fixed position being a position that is, in a length direction of the hook structure, 16 mm to 27 mm away from a free end of the hook structure that is not connected to the core module (paragraph [0167], figures 4, 9, 20).
Regarding claim 2, Xu et al. teaches the earphone, wherein when the core module (11) is fixed, the hook structure (12), when pulled 5 mm to 10 mm away from the core module along the direction parallel to the first reference line segment, has a pulling force between 0.8 N and 5 N at the measurement fixed position (paragraph [0167], figures 4, 20).
Regarding claim 3, Xu et al. teaches a length of the first reference line segment (RL1) is between 2 mm and 3 mm (lines 1-2 in paragraph [0172]).
Regarding claim 4, Xu et al. teaches the earphone, wherein when the core module (11) is fixed, the hook structure (12), when pulled 1 mm to 5 mm away from the core module along the direction parallel to the first reference line segment (RL1), has a pulling force between 0.1 N and 1.96 N at the measurement fixed position (paragraph [0168]).
Regarding claim 5, Xu et al. teaches the earphone, wherein a distance between the measurement fixed position (P1) and the first reference line segment (RL1) is less than or equal to 1 mm (paragraph [0172]).
Regarding claim 6, Xu et al. teaches the earphone, wherein the core module (11) has a length direction (Y1) and a width direction (Z) that are perpendicular to the thickness direction (X) and orthogonal to each other, a length of the core module (11) in the length direction (Y1) is greater than a width of the core module (11) in the width direction (Z), an orthographic projection of the free end (FE) of the core module (11) on a second reference plane perpendicular to the length direction (Y1) has a geometric center (GC), and a distance between the measurement fixed position and an extended line passing through the geometric center and parallel to the first reference line segment is less than or equal to 1 mm (lines 1-16, paragraph [0173], figures 20, 21).
Regarding claim 7, Xu et al. teaches the earphone, wherein the core module (11) has a length direction (Y1) and a width direction (Z) that are perpendicular to the thickness direction (X) and orthogonal to each other, a length of the core module (11) in the length direction(Y1) is greater than a width of the core module (11) in the width direction (Z), a second reference line segment (RL2) having a largest length and parallel to the width direction (Z) is between the orthographic projection of the hook structure (12) and the orthographic projection of the core module (11), and the length of the second reference line segment (RL2) is between 13 mm and 20 mm (paragraph [0174], figure 20).
Regarding claim 8, Xu et al. teaches earphone, wherein a point (P3) where the second reference line segment (RL2) intersects with the orthographic projection of the core module (11) is designated as a starting point of the second reference line segment, a point (P4) where the second reference line segment (RL2) intersects with the orthographic projection of the hook structure (12) is designated as an endpoint of the second reference line segment (RL2), a third reference line segment (RL3), passing through 1/4 of the second reference line segment (RL2) and parallel to the length direction (Y1), intersects with the hook structure (12) at a first intersection point (P5) and a second intersection point (P6), the first intersection point being closer to the core module in the length direction of the hook structure than the second intersection point, a distance between the first intersection point (P5) and the starting point of the second reference line segment (RL2) is between 9 mm and 15 mm, and a distance between the second intersection point (P6) and the starting point of the second reference line segment is between 12 mm and 19 mm (paragraph [0176], figure 20).
Regarding claim 9, Xu et al. teaches earphone, wherein the hook structure (12) includes an elastic metal wire (121) connected to the core module (11) and a battery housing (123) connected to an end of the elastic metal wire that is away from the core module (11), a battery (14) connected to the core module is disposed within the battery housing (123), and an extended line of the first reference line segment (RL1) passes through the battery housing (paragraph [0177], figures 9, 20).
Regarding claim 10, Xu et al. teaches earphone, wherein the battery housing (123) includes a cover housing (1231) connected to the elastic metal wire (121) and a battery compartment (1232) connected to the cover housing (1231), the battery compartment and the cover housing cooperate to form a cavity structure for accommodating the battery (14), the hook structure (12) includes a flexible coating (128) at least covering the elastic metal wire (121) and the cover housing (1231), and the extended line of the first reference line segment passes (RL1) through a section where the flexible coating overlaps with the cover housing (paragraph [0178], figures 9, 20).
Regarding claim 11, Xu et al. teaches earphone, wherein the battery compartment (1232) is open at an end in the length direction of the hook structure (12), the cover housing (1231) is partially embedded into the open end of the battery compartment (1232), and the flexible coating (128) does not cover the battery compartment (1232), and an outer surface of the flexible coating (128) transitions smoothly to an outer surface of the battery compartment (paragraph [0179], figures 9, 20).
Regarding claim 12, Xu et al. teaches earphone, wherein the measurement fixed position (P1) is located at a junction between the flexible coating (128) and the battery compartment (lines 18-20, paragraph [0179], figure 20).
Regarding claim 13, Xu et al. teaches earphone, wherein a diameter of the elastic metal wire (121) is between 0.6 mm and 0.8 mm (paragraph [0158], figure 9).
Regarding claim 14, Xu et al. teaches earphone, the core module (11) includes a core housing (111) connected to the hook structure (12) and a loudspeaker (112) arranged within the core housing, in the wearing state, a side of the core housing (111) facing the ear is provided with a sound outlet hole (111a), a sound wave generated by the loudspeaker is transmitted out through the sound outlet hole, the core module (11) cooperates with the cavity of auricular concha to form an auxiliary cavity that is in flow communication with an external ear canal of the ear, and at least a portion of the sound outlet hole (111a) is located within the auxiliary cavity (paragraphs [0015], [0068], claim 12, figures 1, 3, 5, 7, 8).
Regarding claim 15, Xu et al. teaches the auxiliary cavity that is configured as a semi-open cavity (paragraphs [0016], [0068], claim 13).
Regarding claim 16, Xu et al. teaches the earphone, wherein in the wearing state, the core module (11) has an inner side surface (IS) facing the ear in a thickness direction (X) of the core module and an outer side (OS) surface away from the ear in the thickness direction of the core module, the thickness direction (X) being a direction in which the core module (11) is close to or away from the ear in the wearing state, and in a non-wearing state, at least a portion of the battery housing (123) is located between the inner side surface and the outer side surface in the thickness direction (paragraphs [0054], [0185], figures 3, 4 9, 20, 21, 22).
Regarding claim 17, Xu et al. teaches the earphone, wherein the core module (11) has a length direction (Y1) and a width direction (Z) that are perpendicular to the thickness direction (X) and orthogonal to each other, a length of the core module in the length direction (Y) is greater than a width of the core module in the width direction (Z), an orthographic projection of the cover housing (1231) along the length direction (Y1) at least partially overlaps with an orthographic projection of the core module (11) along the length direction (Y), and an orthographic projection of the battery compartment (1232) along the length direction (Y) at least partially does not overlap with the orthographic projection of the core module (11) along the length direction (paragraphs [0161], [0185], figures 2, 9, 19, 22).
Regarding claim 18, Xu et al. teaches the earphone, wherein in the wearing state, a distance between the free end of the hook structure (12) that is not connected to the core module (11) and an upper ear root of the ear on a vertical axis of a human body is in a range of 37 mm-56 mm (paragraph [0190], figure 3).
Regarding claim 19, Xu et al. teaches the earphone, wherein in the wearing state, a distance between the free end of the hook structure (12) that is not connected to the core module (11) and an edge of an earlobe on a vertical axis of a human body is less than or equal to 10 mm (paragraph [0191], figure 3).
Regarding claim 20, Xu et al. teaches the earphone, wherein a length of the battery compartment (1232) in the length direction of the hook structure (12) is in a range of 10 mm-20 mm (paragraph [0192]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang et al. (US 2023/0028541) teaches an acoustic apparatus including a support assembly and an auxiliary portion, wherein the support assembly including a first portion and a second portion, wherein the first portion is hung between a first side of an ear and a head of a user and being partially in contact with the head, and wherein the second portion contacts a second side of the ear, and the first portion provides the second portion with a compressive force on the second side of the ear, and the auxiliary portion is used to abut against at least a part of the ear to limit a movement of the second portion.
Liu (US 2026/0172737) teaches an earphone including a sound emitting portion configured to be disposed on a front side of an ear, and a body portion configured to be disposed on a rear side of the ear and a transition connecting portion, wherein the two ends of the transition connecting portion is respectively connected with the sound-emitting portion and the body portion.
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
September 2, 2026
Prosecution Insights