DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
Information Disclosure Statement
2. The information disclosure statement filed on 10/14/2025 has been considered and placed in the application file.
Claim Rejections - 35 USC § 103
3. 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 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.
4. 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 of this title, 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.
5. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
6. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Graff et al. U.S. Patent Application Publication 20250274695 (hereinafter,” Graff”).
Regarding claim 1, Graff teaches a wearable audio device (FIGS. 2A-2H illustrate an exemplary earpiece 200 for the right ear of a user, par [0049], see Fig. 2A-2F, and respective portions of the specification, see Graff), comprising:
a housing defining a body (In another aspect, an earpiece includes an electro-acoustic transducer, a housing enclosing the electro-acoustic transducer, and a nozzle, par [0021]; The earbud 202 includes a housing 208 having a first housing portion 210, a second housing portion 212, and a third housing portion (cap) 214 that together define an acoustic module 216 and an electronics module 218, Figs 2A-2H, par [0049], see Graff);
an active noise cancellation system contained within the body (When it comes to feedback active noise reduction (ANR) performance, having the feedback microphone 230 closer to the eardrum can enable a more accurate measurement of what the user is actually hearing, and, therefore, can help to enable better feedback ANR response to cancel out the noise. In some cases, the microphone may, in addition or alternatively, be used as an error microphone for an adaptive feedforward ANR system., par [0055], see Graff), the active noise cancellation system comprising (feedback active noise reduction (ANR, par [0055], see Graff):
a speaker (With reference to FIG. 2H, the acoustic module 216 contains/houses an electro-acoustic transducer 220, see Fig. 2H, par [0050], see Graff);
a microphone (microphone 230, Fig. 2H) spaced from the speaker (electro-acoustic transducer 220; with reference to FIG. 2H, the acoustic module 216 contains/houses an electro- acoustic transducer 220 that divides the acoustic module 216 into a first (front) acoustic cavity 222 and a second (rear) acoustic cavity 224. A first (front) side of the electro- acoustic transducer 220 radiates acoustic energy into the fist acoustic cavity 222 and a second (rear) side of the electro-acoustic transducer 220 radiates acoustic energy into the second acoustic cavity 224. A nozzle 226 is coupled to the housing 208 and is configured to direct acoustic energy from the first acoustic cavity 222 to a nozzle exit opening 228. An exterior surface of the nozzle 226 supports the ear tip 204. In some cases, a microphone 230, e.g., a feedback microphone for feedback noise cancellation, may be located within the nozzle 226 see Fig. 2H, par [0050], see Graff); and
an acoustic deflector (chimney, ) arranged between the microphone and the speaker (A chimney acoustically couples the microphone port to the exit opening of the nozzle and at least partially defines an effective port for the microphone. The inlet opening is closer to the electro-acoustic transducer than the exit opening such that acoustic energy radiated by the electro-acoustic transducer travels from the inlet opening toward the exit opening, par [0003], see Graff), the acoustic deflector configured (port 506, FIG. 5D) and the speaker (path between the transducer 220 and the port 506 (see Figs. 5D, 9) on the feedback microphone 230 (see Figs. 2H, 5D), The flexible printed circuit board 502 includes an aperture 504 (FIG. 5D) that aligns with a port 506 (FIG. 5D) on the feedback microphone 230 (see FIG. 5D, par [0054]); in addition, the chimney 516 may also inhibit coupling of the electro-acoustic transducer 220 and the feedback microphone 230 if the nozzle 226 is blocked, and, thus, might help with blocked nozzle stability. If the chimney 516 is positioned close enough toward the exit opening 228 such that it is in direct contact with the mesh and the nozzle 226 is blocked, then there is the potential that, instead of increasing the coupling between the transducer 220 and the feedback microphone 230, it may, instead, decrease it, e.g., by closing off the acoustic path between the transducer 220 and the port 506 on the feedback microphone 230. That is, if the chimney opening 526 is close enough to the nozzle exit opening 228, then, if the exit opening 228 is blocked, the chimney opening 526 will also be at least partially blocked, thereby reducing acoustic coupling that could otherwise lead to instability of the feedback ANR system, see Figs. 2H and 6E, par ]0060], see Graff) based on a second audio path between the port of the microphone and a reference point (see via exit opening 228, Fig, 2H, to ear drum see Graff) The chimney 516 provides a known or a controllable enclosed air volume that makes the feedback microphone 230 seem like it is further in and closer to the user's eardrum. When it comes to feedback active noise reduction (ANR) performance, having the feedback microphone 230 closer to the eardrum can enable a more accurate measurement of what the user is actually hearing, and, therefore, can help to enable better feedback ANR response to cancel out the noise. In some cases, the microphone may, in addition or alternatively, be used as an error microphone for an adaptive feedforward ANR system. In which case, similar benefits might be achieved, e.g., a better approximation of the error at the ear drum (par ]0055], see Graff)).
Graff further teaches if the chimney 516 is positioned close enough toward the exit opening 228 such that it is in direct contact with the mesh and the nozzle 226 is blocked, then there is the potential that, instead of increasing the coupling between the transducer 220 and the feedback microphone 230, it may, instead, decrease it, e.g., by closing off the acoustic path between the transducer 220 and the port 506 on the feedback microphone 230. That is, if the chimney opening 526 is close enough to the nozzle exit opening 228, then, if the exit opening 228 is blocked, the chimney opening 526 will also be at least partially blocked, thereby reducing acoustic coupling that could otherwise lead to instability of the feedback ANR system (Figs. 2H, 6A, par [0060], see Graff).
However, Graff does not explicitly disclose to optimize. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). The motivation is in order to improve feedback active noise reduction (ANR) performance, as suggested by Graff in paragraph [0001].
Regarding claim 2, Graff teaches the wearable audio device of claim 1 in which the opening 526 is spaced from the exit opening 228. In some cases, the opening 526 is spaced a distance (d) (FIG. 6E) between about 0.10 mm and about 0.70 mm, e.g., about 0.58 mm, away from the exit opening 228. In some implementations, a nozzle mesh 608 (FIGS. 6D & 6E) is arranged along the exit opening 228 and the opening 526 is spaced, e.g., between 0.10 mm and about 0.70 mm, e.g., about 0.58 mm, away from the nozzle mesh (see Figs. 6D, 6E, par [0059], see Graff).
However, Graff does not explicitly disclose wherein a length along the first audio path equals a length along the second audio path.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, those of ordinary skill in the art when facing a design need of wherein a length along the first audio path equals a length along the second audio path would have recognized and would have been obvious to try to modify the wearable audio device taught by Graff) such that to obtain wherein a length along the first audio path equals a length along the second audio path since there are a finite number of identified, predictable potential solutions i.e., wherein a length along the first audio path more than a length along the second audio path; wherein a length along the first audio path less than a length along the second audio path; wherein a length along the first audio path equals a length along the second audio path to the recognized need (i.e., modifying), and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success. The motivation is in order to improve feedback active noise reduction (ANR) performance, as suggested by Graff in paragraph [0001].
Regarding claim 3, Graff teaches the wearable audio device of claim 1, wherein the reference point corresponds to a location within an ear canal of a user (i.e., ear drum; when the inputs from the first and second acoustic channels 902, 904 are summed, the resulting signal will have a third propagation delay that will lie somewhere between the first and second propagation delays. This configuration can enable the benefit of having the effective position of the microphone closer to the ear drum, by virtue of the first acoustic channel 902, but with less delay, Fig. 9, par [0064], see Graff).
Regarding claim 4, Graff teaches the wearable audio device of claim 1, wherein the reference point corresponds to a location of an eardrum of a user (i.e., ear drum; when the inputs from the first and second acoustic channels 902, 904 are summed, the resulting signal will have a third propagation delay that will lie somewhere between the first and second propagation delays. This configuration can enable the benefit of having the effective position of the microphone closer to the ear drum, by virtue of the first acoustic channel 902, but with less delay, Fig. 9, par [0064], see Graff).
Regarding claim 5, Graff teaches the wearable audio device of claim 1, wherein the active noise cancellation system further includes an acoustic mesh arranged between the microphone and the acoustic deflector (A mesh 512 is mounted on a surface of the stiffener plate 508 opposite the flexible printed circuit board 502 with an adhesive 514 (e.g., pressure sensitive adhesive (PSA)), see mesh 512 arranged between the microphone 230 and chimney 516 in Fig. 5D, par [0054], see Graff).
Regarding claim 6, referring to Figs. 5A-5D, Graff teaches the wearable audio device of claim 5, wherein the active noise cancellation system further includes a circuit board (flexible printed circuit board 502, Fig. 5D) arranged between the microphone (230) and the acoustic mesh (mesh 512), the circuit board including a first hole (504) aligned with the port (506) of the microphone (230; FIGS. 5A-5D show an exemplary feedback microphone assembly 500. The feedback microphone assembly 500 includes the feedback microphone 230 and a flexible printed circuit board 502 (aka “flexible printed circuit” or “FPC”) that electrically connects the feedback microphone 230 to the printed circuit board 234 (FIG. 2H). The feedback (fb) microphone 230 is mounted on a first surface of a flexible printed circuit board 502. The flexible printed circuit board 502 includes an aperture 504 (FIG. 5D) that aligns with a port 506 (FIG. 5D) on the feedback microphone 230, see Figs. 5A-5D, par [0054], see Graff).
Regarding claim 7, referring to Figs. 5A-5D, Graff teaches the wearable audio device of claim 6, wherein the active noise cancellation system further includes a stiffener (stiffener plate 508, Fig. 5D) arranged between the circuit board (flexible printed circuit board 502, Fig. 5D) and the acoustic mesh (mesh 512), the stiffener (stiffener plate 508) including a second hole (hole 510, Fig. 5D) aligned with the port (port 506 (FIG. 5D)) of the microphone (230; The flexible printed circuit board 502 includes an aperture 504 (FIG. 5D) that aligns with a port 506 (FIG. 5D) on the feedback microphone 230. A stiffener plate 508 is mounted (e.g., via adhesive, such as a pressure sensitive adhesive (PSA)) on a second, opposite surface of the flexible printed circuit board 502. The stiffener plate 508 adds rigidity to the flexible printed circuit board 502. The stiffener plate 508 is made of a rigid material (e.g., metal). The stiffener plate 508 includes a hole 510 (FIG. 5D) that is aligned with the aperture 504 on the flexible printed circuit board 502. A mesh 512 is mounted on a surface of the stiffener plate 508 opposite the flexible printed circuit board 502 with an adhesive 514 (e.g., pressure sensitive adhesive (PSA)), see Figs. 5A-5D, par [0054], see Graff).
Regarding claim 8, referring to Figs. 5A-5D, Graff teaches the wearable audio device of claim 7, wherein the acoustic mesh is connected (via adhesive 514, Fig. 5D) to the stiffener (stiffener plate 508, Fig. 5D), the acoustic mesh (mesh 512, Fig. 5D) covering the second hole (hole 510, Fig. 5D) (A stiffener plate 508 is mounted (e.g., via adhesive, such as a pressure sensitive adhesive (PSA)) on a second, opposite surface of the flexible printed circuit board 502. The stiffener plate 508 adds rigidity to the flexible printed circuit board 502. The stiffener plate 508 is made of a rigid material (e.g., metal). The stiffener plate 508 includes a hole 510 (FIG. 5D) that is aligned with the aperture 504 on the flexible printed circuit board 502. A mesh 512 is mounted on a surface of the stiffener plate 508 opposite the flexible printed circuit board 502 with an adhesive 514 (e.g., pressure sensitive adhesive (PSA)), see Figs. 5A-5D, par [0054], see Graff).
Regarding claim 9, referring to Figs. 5A-5D, Graff teaches the wearable audio device of claim 1, wherein the acoustic deflector includes a first portion (sidewall 518, Figs. 5B, 5C, see Graff) extending away from the microphone (230, sidewall 518, Figs. 5B, 5C) and a second portion (top plate 522, Figs. 5B, 5C) extending from the first portion (sidewall 518, Figs. 5B, 5C), the second portion (top plate 522, Figs. 5B, 5C) extending away from the speaker (see transducer 220 and microphone 230 in Figs. 2H, 5B, 5C) and overhanging the port of the microphone (microphone port 506, Fig.5D; in one implementation, the chimney 516 consists of a sidewall 518 that extends three-quarters around the mesh 512 and defines the effective height of the chimney; a first pressure sensitive adhesive (PSA) layer 520 that secures a first surface of the sidewall 518 to the stiffener plate 508; a top plate 522; and a second PSA layer 524 that secures a second, opposite surface of the top plate 522 to the sidewall 518 (see Figs. 5A-5D par [0056], see Graff). The top plate 522, sidewall 518, and stiffener plate 508 define an acoustic channel above the mesh 512/microphone port 506 and define an opening 526 for coupling the feedback microphone port 506 to the environment. With reference to FIG. 5C, the acoustic channel may have a height (H) of about 0.18 mm to about 0.70 mm, e.g., 0.35 mm, a width (W) of about 1.87 mm to about 7.4 mm, e.g., 3.70 mm, and an effective length (L) of about 0.50 mm to about 2.00 mm, e.g., about 1.45 mm (see also FIG. 6E). The effect length (L) is measured from the center of the microphone port 506 to the opening 526. The opening 526 is arranged substantially orthogonally to the feedback microphone port 506 (see Figs. 5A-5D par [0057], see Graff)).
Regarding claim 10, referring to Figs. 2A-2H, Graff teaches the wearable audio device of claim 1, further comprising a protrusion (nozzle 226, Fig. 2H) extending from the body (The earbud 202 includes a housing 208 having a first housing portion 210, a second housing portion 212, and a third housing portion (cap) 214 that together define an acoustic module 216 and an electronics module 218, Figs 2A-2H, par [0049]), the protrusion defining an acoustic opening (A nozzle 226 is coupled to the housing 208 and is configured to direct acoustic energy from the first acoustic cavity 222 to a nozzle exit opening 228. An exterior surface of the nozzle 226 supports the ear tip 204, Fig. 2H, par [0050]), wherein the microphone (230) is arranged, at least partially, within the protrusion (226) and proximate to the acoustic opening (228); With reference to FIG. 2H, the acoustic module 216 contains/houses an electro-acoustic transducer 220 that divides the acoustic module 216 into a first (front) acoustic cavity 222 and a second (rear) acoustic cavity 224. A first (front) side of the electro-acoustic transducer 220 radiates acoustic energy into the fist acoustic cavity 222 and a second (rear) side of the electro-acoustic transducer 220 radiates acoustic energy into the second acoustic cavity 224. A nozzle 226 is coupled to the housing 208 and is configured to direct acoustic energy from the first acoustic cavity 222 to a nozzle exit opening 228 (Figs 2A-2H, par [0050], see Graff)).
Regarding claim 11, referring to Figs. 2A-2H, Graff teaches the wearable audio device of claim 10, further comprising a flexible sleeve tip (ear tip 204, Fig. 2H) secured over at least a portion of the protrusion (nozzle 226, Fig. 2H), the flexible sleeve tip (ear tip 204; A nozzle 226 is coupled to the housing 208 and is configured to direct acoustic energy from the first acoustic cavity 222 to a nozzle exit opening 228. An exterior surface of the nozzle 226 supports the ear tip 204, see Fig. 2H, par [0050], see Graff) configured to fit within an ear canal of a user (In one aspect, an earpiece includes an electro-acoustic transducer, a housing that encloses the electro-acoustic transducer, and a nozzle. The nozzle is coupled to the housing and is configured to direct acoustic energy from the electro-acoustic transducer toward a user's ear canal when the earpiece is worn, par [0003], see Graff)).
Regarding claim 12, this claim has similar limitations as Claim 1 and is therefore rejected under Graff for the same reason.
Regarding claim 13, this claim has similar limitations as Claim 2 and is therefore rejected under Graff for the same reason.
Regarding claim 14, this claim has similar limitations as Claim 3 and is therefore rejected under Graff for the same reason.
Regarding claim 15, this claim has similar limitations as Claim 4 and is therefore rejected under Graff for the same reason.
Regarding claim 16, this claim has similar limitations as Claim 5 and is therefore rejected under Graff for the same reason.
Regarding claim 17, this claim has similar limitations as Claim 6 and is therefore rejected under Graff for the same reason.
Regarding claim 18, this claim has similar limitations as Claim 7 and is therefore rejected under Graff for the same reason.
Regarding claim 19, this claim has similar limitations as Claim 8 and is therefore rejected under Graff for the same reason.
Regarding claim 20, this claim has similar limitations as Claim 9 and is therefore rejected under Graff for the same reason.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inventor
Publication
Number
Disclosure
Mccutcheon
US Patent Application Publication
20240031729
Accordingly, the baffle BAF may increase the sound route or acoustic propagation route between the speaker SP and the error microphone ERR_MIC, in particular compared to a direct sound route or acoustic propagation route between the speaker SP and the error microphone ERR_MIC without the baffle BAF being present (par [0052]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CON P TRAN whose telephone number is (571) 272-7532. The examiner can normally be reached M-F (08:30 AM- 05:00 PM) ET.
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/C.P.T/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
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