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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/06/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claim(s) 1,5, 8, 24 and 25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kropf (US 20160094911 A1).
Regarding claim 1, Kropf (US 20160094911 A1) discloses an earcup (Fig. 3D, item 304) for audio communication (¶ [0002]: “underwater communication”) comprising:
a housing wall (Kropf, Fig. 3D, item 51) configured to separate an inner cavity inside the earcup from space surrounding the earcup; and
an electroacoustic transducer in a first opening in the housing wall (Kropf, Fig. 3D, item 20a, ¶ [0070]), the electroacoustic transducer having a diaphragm (Kropf, Fig. 3D, item 54), wherein the diaphragm is configured to be actively driven to emit sound from a front side of the diaphragm (Kropf, ¶ [0070-0072]), and wherein
a first fluid in the inner cavity has a first pressure that exerts a first force on a back side of the diaphragm (Kropf, Fig. 3D, item 63);
a displaceable wall (Kropf, Fig. 3D, item 60) configured to divide the inner cavity into a first sub-cavity containing the first fluid (Kropf, Fig. 3D, outside item 60,) and a second sub-cavity containing one or more second fluids (Kropf, Fig. 3D, inside item 60); and
one or more second openings in the housing wall configured to fluidly connect the second sub-cavity with the space surrounding the earcup (Kropf, Fig. 3D, items 50 and 70); wherein
the displaceable wall is configured to be displaced in correspondence with oppositely directed forces exerted respectively by the first pressure and by a second pressure of the one or more second fluids, and wherein a volume of the first sub-cavity is variable in correspondence to a change in a difference between the first pressure and the second pressure (Kropf, ¶ [0073-0074] and ¶ [0077], ¶ [0080]).
.
Regarding claim 5, Kropf discloses all the limitations of claim 1.
Kropf further discloses comprising a flow control device configured to be controlled into a first mode and a second mode (Kropf, ¶ [0073-0074]), wherein when the flow control device is in the first mode, it allows flow of the one or more second fluids through the one or more second openings (Kropf, Fig. 3D, item 50, 70), wherein when the flow control device is in the second mode, the flow control device reduces or prevents the flow of the one or more second fluids through the one or more second openings, at least in a direction into the second sub-cavity (Kropf, ¶ [0077] and [0080]).
Regarding claim 8, Kropf discloses all the limitations of claim 1.
Kropf further discloses a first valve (Kropf, Fig. 2, item 30, ¶ [0056-0057]) configured to be controlled into a first mode and a second mode, wherein when the first valve is in the first mode, the first sub-cavity and the space are fluidly disconnected, and wherein when the first valve is in the second mode, the first sub-cavity and the space are fluidly connected to allow at least a partial equalization (Kropf, ¶ [0073]) of the first pressure and an ambient pressure in the space surrounding the earcup.
Regarding claim 24, Kropf discloses all the limitations of claim 1.
Kropf further discloses, wherein the displaceable wall is configured to reduce a pressure difference between the front side and the back side of the diaphragm (Kropf, ¶ [0116]: “operates to reduce or minimize pressure differentials across membrane”).
Regarding claim 25, Kropf discloses all the limitations of claim 1.
Kropf further discloses wherein the headset further comprises a headset support structure configured to enable a user to wear the headset on a head of the user such that the front side of the diaphragm of the earcup faces an ear of the user (Kropf, Fig. 13).
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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kropf (US 20160094911 A1), and further in view of Bønnelykke (US 20220225013 A1).
Regarding claim 19, Kropf discloses all the limitations of claim 1.
However, Kropf fails to disclose an ear cushion outside the housing wall surrounding the front side of the diaphragm, wherein when the earcup is worn by a user in an intended listening position at or on an ear of the user, the earcup acoustically couples the front side of the diaphragm with an ear canal of the user.
In an analogous field of endeavor, Bønnelykke (US 20220225013 A1) discloses an ear cushion outside the housing (Bønnelykke, Fig. 6, item 304; ¶ [0094]) wall surrounding the front side of the diaphragm, wherein when the earcup is worn by a user in an intended listening position at or on an ear of the user, the earcup acoustically couples the front side of the diaphragm with an ear canal of the user.
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine Bønnelykke with Kropf to provide comfort and prevent fluid to enter in speaker cavity.
Allowable Subject Matter
Claim 2-4, 6-7, 9-18, 20-23 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRIEDRICH FAHNERT whose telephone number is (571)270-7797. The examiner can normally be reached 7:00 am-4:00 pm.
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/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
/FRIEDRICH FAHNERT/
Examiner
Art Unit 2692
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