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
1. 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.
2. Claims 1, 2, 10, and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 5 of copending Application No. 18/963,742 in view of Hayashi et al. (Japanese Pub. No. JP 2019145234 A).
Application No. 18/956,249
Application No. 18/963,742
Claim 1. An earphone comprising:
two speaker assemblies;
a connection member configured to connect the two speaker assemblies, wherein the connection member provides a clamping force for placing the two speaker assemblies at a user's head through a bending deformation, the connection member includes a housing with an accommodation cavity, a capacitance sensor is disposed in the accommodation cavity and configured to identify a bending state of the connection member, wherein
the capacitance sensor includes a shielding structure that has a constant potential and is used to reduce an effect of an external electric field on the capacitance sensor.
Claim 1. An earphone comprising:
two speaker assemblies;
a connection member configured to connect the two speaker assemblies, wherein the connection member provides, through a bending deformation, a clamping force for placing the two speaker assemblies on a head of a user, and the connection member includes a housing with an accommodation cavity, wherein
a bending sensor is disposed in the accommodation cavity, and the bending sensor is configured to generate a bending signal based on a bending state of the connection member; and
a processing circuit configured to determine a placement state of the earphone based on the bending signal, wherein the placement state includes one of a normal wearing state, an abnormal wearing state, or a free placement state, wherein at least one of the two ear hook assemblies includes an earphone compartment, and the earphone further includes:
a contact sensor disposed within the earphone compartment and configured to identify whether the earphone compartment is in contact with the user, and
the processing circuit is further configured to determine the placement state of the earphone based on the bending signal of the bending sensor and a contact signal of the contact sensor.
Claim 2. The earphone of claim 1, wherein the connection member includes two ear hook assemblies and a rear hanging assembly, the two speaker assemblies are connected to the rear hanging assembly through the two ear hook assemblies, respectively, and the capacitance sensor is disposed in the accommodation cavity formed by the rear hanging assembly.
Claim 2. The earphone of claim 1, wherein the connection member includes two ear hook assemblies and a rear hanging assembly, the two speaker assemblies are connected to the rear hanging assembly through the two ear hook assemblies, respectively, and the bending sensor is disposed in the accommodation cavity formed by the rear hanging assembly.
Claim 10. The earphone of claim 3, wherein the rear hanging assembly further includes a skeleton structure, and the capacitance sensor is fitted to the skeleton structure.
Claim 5. The earphone of claim 2, wherein the rear hanging assembly further includes a skeleton structure, wherein
the bending sensor is fitted to the skeleton structure, and a stiffness of the skeleton structure is greater than a stiffness of the bending sensor in the bending direction of the rear hanging assembly.
Claim 16. An earphone comprising:
a hook portion configured to hang between a back side of an ear and a head of a user;
a holding portion configured to contact a front side of the ear; and
a connection portion configured to connect the hook portion and the holding portion and extend from the head to an outer side of the head to cooperate with the hook portion to provide the holding portion with a compression force against the front side of the ear, wherein the hook portion or the connection portion is provided with a capacitance sensor configured to identify a bending state of the hook portion or the connection portion, wherein
the capacitance sensor includes a shielding structure that has a constant potential and is used to reduce an effect of an external electric field on the capacitance sensor.
Claim 1. An earphone comprising:
two speaker assemblies;
a connection member configured to connect the two speaker assemblies, wherein the connection member provides, through a bending deformation, a clamping force for placing the two speaker assemblies on a head of a user, and the connection member includes a housing with an accommodation cavity, wherein
a bending sensor is disposed in the accommodation cavity, and the bending sensor is configured to generate a bending signal based on a bending state of the connection member; and
a processing circuit configured to determine a placement state of the earphone based on the bending signal, wherein the placement state includes one of a normal wearing state, an abnormal wearing state, or a free placement state, wherein at least one of the two ear hook assemblies includes an earphone compartment, and the earphone further includes:
a contact sensor disposed within the earphone compartment and configured to identify whether the earphone compartment is in contact with the user, and
the processing circuit is further configured to determine the placement state of the earphone based on the bending signal of the bending sensor and a contact signal of the contact sensor.
Claim 2. The earphone of claim 1, wherein the connection member includes two ear hook assemblies and a rear hanging assembly, the two speaker assemblies are connected to the rear hanging assembly through the two ear hook assemblies, respectively, and the bending sensor is disposed in the accommodation cavity formed by the rear hanging assembly.
Copending Application No. 18/963,742 fails to explicitly teach the capacitance sensor includes a shielding structure that has a constant potential and is used to reduce an effect of an external electric field on the capacitance sensor.
However, Hayashi teaches the capacitance sensor (capacitance sensor 1, Figs. 1A and 1B, Para. [0023]) includes a shielding structure that has a constant potential (shielding structure 13 with constant potential, Figs. 1A and 1B, Paras. [0025] and [0027]) and is used to reduce an effect of an external electric field on the capacitance sensor (shielding structure 13 eliminates noise and prevents external electrostatic coupling on the capacitance sensor 1, Figs. 1A and 1B, Para. [0027]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by copending Application No. 18/963,742) to include the capacitance sensor and the shielding structure to reduce an effect of external electric field on the capacitance sensor (as taught by Hayashi). Doing so improves the detection accuracy of the sensor (Hayashi Para. [0033]).
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the term “the cavity” which renders the claim indefinite because Claims 1, 2, 3, and 10 from which Claim 11 dependents recite “an accommodation cavity” and “the second electrode plate has a cavity” and it is unclear which cavity is being referred to in Claim 11.
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 1-5, 7-9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Mai et al. (Chinese Pub. No. 212909978 U, hereinafter "Mai") in view of Lang et al. (Chinese Pub. No. CN 112945226 A, hereinafter "Lang"), and further in view of Hayashi et al. (Japanese Pub. No. JP 2019145234 A, hereinafter "Hayashi").
Regarding Claim 1, Mai teaches an earphone (earphone Figs. 1-4) comprising:
two speaker assemblies (two speaker assemblies 1112, Figs. 1-2, Para. [0111]);
a connection member configured to connect the two speaker assemblies, wherein the connection member provides a clamping force for placing the two speaker assemblies at a user's head through a bending deformation (connection portion 2, Figs. 1 and 2, Para. [0067]), the connection member includes a housing with an accommodation cavity (the connection member 2 includes a receiving cavity, Para. [0074]), a sensor is disposed in the accommodation cavity (sensor 3 is disposed on the inner surface of the rear hanger 2, Fig. 2, Para. [0075]).
Mai fails to explicitly teach a capacitance sensor is disposed in the accommodation cavity and configured to identify a bending state of the connection member, wherein
the capacitance sensor includes a shielding structure that has a constant potential and is used to reduce an effect of an external electric field on the capacitance sensor.
However, Lang teaches a capacitance sensor is disposed in the accommodation cavity and configured to identify a bending state of the connection member (detection of the differential capacitance value of the bending sensor, using the differential capacitance value as the first sensor signal, wherein when the differential capacitance value is greater than a preset capacitance value, it is determined that the crossbeam [connection member] is stretched, Para. [0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by Mai) to include the capacitance sensor (as taught by Lang). Doing so improves the accuracy of the wear detection results (Lang Para. [0079]).
However, Hayashi teaches the capacitance sensor (capacitance sensor 1, Figs. 1A and 1B, Para. [0023]) includes a shielding structure that has a constant potential (shielding structure 13 with constant potential, Figs. 1A and 1B, Paras. [0025] and [0027]) and is used to reduce an effect of an external electric field on the capacitance sensor (shielding structure 13 eliminates noise and prevents external electrostatic coupling on the capacitance sensor 1, Figs. 1A and 1B, Para. [0027]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by Mai in view of Lang) to include the shielding structure to reduce an effect of external electric field on the capacitance sensor (as taught by Hayashi). Doing so improves the detection accuracy of the sensor (Hayashi Para. [0033]).
Regarding Claim 2, Mai in view of Lang, and further in view of Hayashi teach wherein the connection member (Mai, connection member 1, 2, Figs. 1 and 2, Para. [0074]) includes two ear hook assemblies (Mai, two ear hook parts 1, Figs. 1 and 2, Para. [0074]) and a rear hanging assembly (rear hanging assembly 2, Figs. 1 and 2, Para. [0074]), the two speaker assemblies are connected to the rear hanging assembly through the two ear hook assemblies, respectively (Mai, speaker assemblies 1112 connected through ear hook assemblies 1 to rear hanging assembly 2, Figs. 1 and 2, Para. [0111]), and the capacitance sensor (Hayashi, capacitance sensor 1, Figs. 1A and 1B, Para. [0023]) is disposed in the accommodation cavity formed by the rear hanging assembly (Mai, sensor 3 is disposed on the inner surface of the rear hanger 2, Fig. 2, Para. [0075]).
Regarding Claim 3, Mai in view of Lang, and further in view of Hayashi teach wherein the capacitance sensor (Hayashi, capacitance sensor 1, Figs. 1A and 1B, Para. [0023]) further includes a first electrode plate (Hayashi, first electrode plate 12, Fig. 1A, Para. [0025]), the shielding structure is taken as a second electrode plate of the capacitance sensor to form a capacitor with the first electrode plate (Hayashi, second electrode plate 13, Fig. 1A, Paras. [0025] and [0027]), the second electrode plate has a cavity (Hayashi, second electrode plate cavity is shown, Fig. 1A, Para. [0027]), and the first electrode plate is disposed within the cavity (Hayashi, first electrode plate 12 is disposed within second electrode plate 13, Fig. 1A, Para. [0027]).
Regarding Claim 4, Mai in view of Lang, and further in view of Hayashi teach wherein the first electrode plate and the second electrode plate are flexible conductors (Hayashi, first and second electrode are formed from conductive material and formed by screen printing or gravure printing on flexible substrate 11, Paras. [0024] and [0025]), and a space between the first electrode plate and the second electrode plate is filled with a flexible substrate (Hayashi, flexible substrate 11, Fig. 1A, Paras. [0024] and [0025]).
Regarding Claim 5, Mai in view of Lang, and further in view of Hayashi teach wherein the first electrode plate includes a plurality of electrode sub-plates spaced apart from each other (Hayashi, electrode sub-plates 12a, 12b and 12c, Fig. 1A, Para. [0026]).
Regarding Claim 7, Mai in view of Lang, and further in view of Hayashi teach wherein each of the plurality of electrode sub-plates is electrically connected to a second wire, and signals of the plurality of electrode sub-plates are output through corresponding second wires, respectively (Hayashi, each electrode sub-plates 12a, 12b, 12c, output are connected through second wires 121a, 121b, 121c, Fig. 1A, Para. [0026]).
Regarding Claim 8, Mai in view of Lang, and further in view of Hayashi teach wherein the capacitance sensor further includes a first electrode plate (Hayashi, first electrode 12a, Fig. 1, Para. [0026]) and a second electrode plate (Hayashi, second electrode 12b, Fig. 1, Para. [0026]), the shielding structure is a conductor with a cavity (Hayashi, shielding structure is a conductor with a cavity, Fig. 1A, Paras. [0024]-[0026]), and the first electrode plate and the second electrode plate are disposed within the cavity (Hayashi, first and second electrode plates 12a, 12b are disposed within shielding structure 13, Fig. 1A, Para. [0027]).
Regarding Claim 15, Mai in view of Lang, and further in view of Hayashi teach wherein the capacitance sensor is a differential capacitance sensor (Lang, the capacitance sensor is a differential capacitance sensor, Claim 3).
7. Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mai et al. (Chinese Pub. No. 212909978 U, hereinafter "Mai") in view of Lang et al. (Chinese Pub. No. CN 112945226 A, hereinafter "Lang") in view of Hayashi et al. (Japanese Pub. No. JP 2019145234 A, hereinafter "Hayashi"), and further in view of Lee (U.S. Pub. No. 2016/0085340 A1).
Regarding Claim 6, Mai in view of Lang, and further in view of Hayashi fail to explicitly teach wherein the plurality of electrode sub-plates are electrically connected to each other through first wires, and signals of the plurality of electrode sub-plates are output through a second wire connected to any one of the plurality of electrode sub-plates.
However, Lee teaches wherein the plurality of electrode sub-plates are electrically connected to each other through first wires (first wire 13 connects electrode plates, Figs. 1, 2, and 7, Para. [0008]) and signals of the plurality of electrode sub-plates are output through a second wire connected to any one of the plurality of electrode sub-plates (second wire 14 connected to each of the electrode plates, Figs. 1, 2, and 7, Para. [0008]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by Mai in view of Lang, and further in view of Hayashi) to include the first and second wires (as taught by Lee). Doing so simplifies signal routing combining localized changes into a single collective output.
8. Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mai et al. (Chinese Pub. No. 212909978 U, hereinafter "Mai") in view of Lang et al. (Chinese Pub. No. CN 112945226 A, hereinafter "Lang") in view of Hayashi et al. (Japanese Pub. No. JP 2019145234 A, hereinafter "Hayashi"), and further in view of Cui et al. (Chinese Pub. No. CN 216700279 U, hereinafter "Cui").
Regarding Claim 10, Mai in view of Lang, and further in view of Hayashi fail to explicitly teach wherein the rear hanging assembly further includes a skeleton structure, and the capacitance sensor is fitted to the skeleton structure.
However, Cui teaches wherein the rear hanging assembly (headband 1, Fig. 1, Para. [0033]) further includes a skeleton structure (skeleton structure 12, Figs. 2-4, Para. [0033]), and the sensor is fitted to the skeleton structure (sensor 5 is fitted to skeleton structure 12, Fig. 2, Para. [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by Mai in view of Lang, and further in view of Hayashi) to include the skeleton structure with the capacitance sensor fitted on it (as taught by Cui). Doing so provides a secure framework for maintaining a fixed alignment.
9. Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Mai et al. (Chinese Pub. No. 212909978 U, hereinafter "Mai") in view of Lang et al. (Chinese Pub. No. CN 112945226 A, hereinafter "Lang") in view of Hayashi et al. (Japanese Pub. No. JP 2019145234 A, hereinafter "Hayashi") in view of Cui et al. (Chinese Pub. No. CN 216700279 U, hereinafter "Cui"), and further in view of Zheng et al. (Chinese Pub. No. CN 113687147 A, hereinafter "Zheng").
Regarding Claim 11, Mai in view of Lang in view of Hayashi, and further in view of Cui fails to explicitly teach wherein the cavity is a closed structure.
However, Zheng teaches wherein the cavity is a closed structure (the shielding member 30 is an annular shielding member 30, which surrounds and forms a receiving space 35, and the capacitive sensing member 20 is disposed within the receiving space 35, Figs. 7 and 8, Para. [0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by Mai in view of Lang in view of Hayashi, and further in view of Cui) to include the closed cavity structure (as taught by Zheng). Doing so reduces the probability of false triggering detection (Zheng Para. [0048]).
10. Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Mai et al. (Chinese Pub. No. 212909978 U, hereinafter "Mai") in view of Lang et al. (Chinese Pub. No. CN 112945226 A, hereinafter "Lang") in view of Hayashi et al. (Japanese Pub. No. JP 2019145234 A, hereinafter "Hayashi") in view of Cui et al. (Chinese Pub. No. CN 216700279 U, hereinafter "Cui"), and further in view of Kurumado et al. (Japanese Pub. No. JP 2009250857 A, hereinafter "Kurumado").
Regarding Claim 12, Mai in view of Lang in view of Hayashi, and further in view of Cui teach wherein the skeleton structure is a conductor skeleton (skeleton structure 12 is a metal sheet, Figs. 2-4, Para. [0042]).
Mai in view of Lang in view of Hayashi, and further in view of Cui fails to explicitly teach the cavity has an opening facing the conductor skeleton.
However, Kurumado teaches the cavity has an opening facing the conductor skeleton (capacitance sensor 1 having a shield electrode S with a substantially U-shaped cross-section that is open on the side facing the detection surface, with electrodes A and B positioned inside the shield electrode S, Fig. 1a, Para. [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by Mai in view of Lang in view of Hayashi, and further in view of Cui) to include the cavity opening facing the conductor skeleton (as taught by Kurumado). Doing so the shielding action makes it possible to make the detection surface side highly sensitive (Kurumado Para. [0031]).
11. Claim(s) 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Mai et al. (Chinese Pub. No. 212909978 U, hereinafter "Mai") in view of Lang et al. (Chinese Pub. No. CN 112945226 A, hereinafter "Lang") in view of Hayashi et al. (Japanese Pub. No. JP 2019145234 A, hereinafter "Hayashi"), and further in view of Cui et al. (Chinese Pub. No. CN 216700279 U, hereinafter "Cui").
Regarding Claim 13, Mai in view of Lang, and further in view of Hayashi fail to explicitly teach wherein the earphone further includes a platform structure disposed on the rear hanging assembly, and the capacitance sensor is fixed to the platform structure.
However, Cui teaches wherein the earphone further includes a platform structure (platform 4, Fig. 3, Para. [0033]) disposed on the rear hanging assembly (headband 1, Fig. 1, Para. [0033]), and the sensor is fixed to the platform structure (sensor 5 is fixed by contact to end 42 of plate 4, Fig. 4, Para. [0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by Mai in view of Lang, and further in view of Hayashi) to include the platform structure with the capacitance sensor fixed to the platform (as taught by Cui). Doing so improves the detection sensitivity (Cui Para. [0037]).
Regarding Claim 14, Mai in view of Lang in view of Hayashi, and further in view of Cui teach wherein the platform structure is a solid conductor (Cui, the platform 4 is made of metal, Para. [0045]).
12. Claim(s) 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mai et al. (Chinese Pub. No. 212909978 U, hereinafter "Mai") in view of Lang et al. (Chinese Pub. No. CN 112945226 A, hereinafter "Lang"), and further in view of Hayashi et al. (Japanese Pub. No. JP 2019145234 A, hereinafter "Hayashi").
Regarding Claim 16, Mai teaches an earphone (earphone Figs. 1-4) comprising:
a hook portion configured to hang between a back side of an ear and a head of a user (hook portion 1, Figs. 1, and 2, Para. [0062]);
a holding portion configured to contact a front side of the ear (holding portion 111, Figs. 1 and 2, Para. [0062]); and
a connection portion configured to connect the hook portion and the holding portion and extend from the head to an outer side of the head to cooperate with the hook portion to provide the holding portion with a compression force against the front side of the ear (connection portion 2, Figs. 1 and 2, Para. [0067]), wherein the hook portion or the connection portion is provided with a sensor (proximity sensor 3 is disposed on the inner surface of the rear hanger 2, Fig. 2, Para. [0075]).
Mai fails to explicitly teach wherein the hook portion or the connection portion is provided with a capacitance sensor configured to identify a bending state of the hook portion or the connection portion, wherein
the capacitance sensor includes a shielding structure that has a constant potential and is used to reduce an effect of an external electric field on the capacitance sensor.
However, Lang teaches wherein the hook portion or the connection portion is provided with a capacitance sensor configured to identify a bending state of the hook portion or the connection portion (detection of the differential capacitance value of the bending sensor, using the differential capacitance value as the first sensor signal, wherein when the differential capacitance value is greater than a preset capacitance value, it is determined that the crossbeam [connection member] is stretched, Para. [0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by Mai) to include the capacitance sensor (as taught by Lang). Doing so improves the accuracy of the wear detection results (Lang Para. [0079]).
However, Hayashi teaches the capacitance sensor includes a shielding structure that has a constant potential (shielding structure 13 with constant potential, Figs. 1A and 1B, Paras. [0025] and [0027]) and is used to reduce an effect of an external electric field on the capacitance sensor (shielding structure 13 eliminates noise and prevents external electrostatic coupling on the capacitance sensor 1, Figs. 1A and 1B, Para. [0027]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the earphone (as taught by Mai in view of Lang) to include the shielding structure to reduce an effect of external electric field on the capacitance sensor (as taught by Hayashi). Doing so improves the detection accuracy of the sensor (Hayashi Para. [0033]).
Regarding Claim 17, Wai in view of Lang, and further in view of Hayashi teach wherein the capacitance sensor (Hayashi, capacitance sensor 1, Figs. 1A and 1B, Para. [0023]) further includes a first electrode plate (Hayashi, first electrode plate 12, Fig. 1A, Para. [0025]), the shielding structure is taken as a second electrode plate of the capacitance sensor to form a capacitor with the first electrode plate (Hayashi, second electrode plate 13, Fig. 1A, Paras. [0025] and [0027]), the second electrode plate has a cavity (Hayashi, second electrode plate cavity is shown, Fig. 1A, Para. [0027]), and the first electrode plate is disposed within the cavity (Hayashi, first electrode plate 12 is disposed within second electrode plate 13, Fig. 1A, Para. [0027]).
Regarding Claim 18, Wai in view of Lang, and further in view of Hayashi teach wherein the first electrode plate and the second electrode plate are flexible conductors (Hayashi, first and second electrode are formed from conductive material and formed by screen printing or gravure printing on flexible substrate 11, Paras. [0024] and [0025]), and a space between the first electrode plate and the second electrode plate is filled with a flexible substrate (Hayashi, flexible substrate 11, Fig. 1A, Paras. [0024] and [0025]).
Regarding Claim 19, Wai in view of Lang, and further in view of Hayashi teach wherein the first electrode plate includes a plurality of electrode sub-plates spaced apart from each other (Hayashi, electrode sub-plates 12a, 12b and 12c, Fig. 1A, Para. [0026]).
Regarding Claim20, Wai in view of Lang, and further in view of Hayashi teach wherein the capacitance sensor further includes a first electrode plate (Hayashi, first electrode 12a, Fig. 1, Para. [0026]) and a second electrode plate (Hayashi, second electrode 12b, Fig. 1, Para. [0026]), the shielding structure is a conductor with a cavity (Hayashi, shielding structure is a conductor with a cavity, Fig. 1A, Paras. [0024]-[0026]), and the first electrode plate and the second electrode plate are disposed within the cavity (Hayashi, first and second electrode plates 12a, 12b are disposed within shielding structure 13, Fig. 1A, Para. [0027]).
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yi et al. (U.S. Pat. No. 10,354,651 B1) teaches flexible a headset headband including a flex sensor.
Justin et al. (U.S. Pat. No. 11,509,988 B1) teaches a headphone headband with a stretch sensor.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIMEZIE E BEKEE whose telephone number is (571)272-0202. The examiner can normally be reached M-F 7.30-5.
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.
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/CHIMEZIE EZERIWE BEKEE/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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