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 .
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Erven et al. (US 2021/0089265).
Regarding claim 1, Van Erven et al. teaches an earphone comprising a housing (200, paragraph [0091]), a first circuit board (see paragraph [0105], wherein “the PCB layer in which the capacitive sensing electrodes 502 are positioned.”), and an antenna (408, paragraphs [0104]-[0105]), wherein both the first circuit board and the antenna are located in the housing and are disposed in a stacked manner (note paragraph [0105], wherein “the inductive loop 408 can be positioned on a separate printed circuit board (PCB) layer that is positioned behind the PCB layer in which the capacitive sensing electrodes 502 are positioned.”), wherein the first circuit board and the antenna are structural members independent of each other (note paragraph [0105], wherein “the inductive loop 408 can be positioned on a separate printed circuit board (PCB) layer”), wherein the first circuit board is located between the antenna and the housing (paragraph [0105]), wherein a touch sensor (502) is on a side that is of the first circuit board and that faces the housing (paragraph [0105]), wherein the touch sensor is configured to detect a touch action performed on the housing (paragraph [0091]), and wherein the antenna is configured to transmit/receive a radio frequency signal (paragraph [0102]).
Regarding claim 2, Van Erven et al. teaches a projection of the antenna on the first circuit board that covers the touch sensor (figures 6B, 7B, paragraphs [0105] and [0108]).
Regarding claim 3, Van Erven et al. teaches the first circuit board that comprises a conductive layer, and wherein the conductive layer comprises the touch sensor (see paragraph [0105], wherein “the PCB layer in which the capacitive sensing electrodes 502 are positioned”).
Regarding claim 4, Van Erven et al. teaches the touch sensor that comprises at least three touch blocks (502a, 502b, 502c), and wherein the at least three touch blocks are arranged into a strip-shaped touch region and are disposed at an interval from each other (figures 7A, 7B, paragraph [0109]).
Claims 1, 3-4 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (WO 2022/062741).
Regarding claim 1, Zhang teaches an earphone (100) comprising a housing (figures 1, 4), a first circuit board (the flexible circuit board FPC board 5, figures 1, 2, 3, 4) and an antenna (2, 21, 22, 23, 24), wherein both the first circuit board (5) and the antenna (2, 21, 22, 23, 24) are located in the housing (3, 31) and are disposed in a stacked manner (figures 1, 2, 3, 4, also note that “the at least two touch-sensing sheets 11 and the antenna body are respectively disposed on two opposite surfaces of the carrier board 5”), wherein the first circuit board and the antenna are structural members independent of each other, wherein the first circuit board is located between the antenna and the housing (3, figures 1, 3, 4), wherein the touch sensor (1, 11) is on a side that is of the first circuit board (5) and that faces the housing (figures 1, 4), wherein the touch sensor is configured to detect a touch action performed on the housing (3, 31), and wherein the antenna (2) is configured to transmit/receive a radio frequency signal.
Regarding claim 3, Zhang teaches the first circuit board that comprises a conductive layer (11, figures 1, 3, 4), and wherein the conductive layer comprises the touch sensor (1, 11).
Regarding claim 4, Zhang teaches the touch sensor (1, 11) that comprises at least three touch blocks (11), and wherein the at least three touch blocks are arranged into a strip-shaped touch region and are disposed at an interval from each other (figures 1, 3, 4).
Regarding claim 6, Zhang teaches the earphone that further comprises a main circuit board, a processor, and a radio frequency circuit (6, 7, 8, figures 1, 2, 3, 4), wherein the main circuit board (6) is located on a side that is of the antenna (2, 21, 22, 23, 24) and that faces away from the first circuit board (5), wherein both the processor and the radio frequency circuit are fastened and electrically connected to the main circuit board (figure 2), wherein the radio frequency circuit is electrically connected to the antenna and the processor, and wherein the processor is electrically connected to a plurality of touch blocks (note the text for figure 2, “the wireless earphone 100 further includes a circuit board 6 , a controller 7 and a radio frequency circuit 8 disposed on the circuit board 6 , and the at least two touch-sensing sheets 11 are connected to each other through corresponding electrical connectors J1 , respectively. The controller 7 is connected to implement the touch sensing function, and the antenna feed point F1 of the antenna body is connected to the radio frequency circuit 8 through the radio frequency connector J2 to implement the transmission and reception of antenna radio frequency signals.”).
Regarding claim 7, Zhang teaches the earphone that comprises a high-frequency blocking circuit, wherein the high-frequency blocking circuit is connected in series between the plurality of touch blocks and the processor as claimed (note the paragraphs about “each the electrical connector J1 connected to the touch-sensing sheet 11 …, also known as high frequency choke coil.”, and “each touch sensing sheet 11 is connected to the controller 7 through an electrical connector J1 connected in series with a high frequency inductance, which can block the return path of the induced current from the antenna body 2 coupled to the touch sensing sheet 11 and reduce the impact on the antenna body 2 coupling effects.”).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Van Erven et al. (US 2021/0089265).
Regarding claim 5, Van Erven et al. teaches the touch sensor that comprises at least three touch blocks (502a, 502b, 502c), wherein the at least three touch blocks are disposed at an interval from each other (figures 7A, 7B). Van Erven et al. does not specifically teach a spacing between two adjacent touch blocks ranges as claimed.
However, Van Erven et al. does not restrict to any ranges between the two adjacent touch blocks; it therefore would have been obvious to one skilled in the art to provide any ranges for the spacing between the two adjacent touch blocks in the system of Van Erven et al. such as providing a spacing between two adjacent touch blocks ranges from 0.5 mm to 2 mm depending on the applications and the desired frequency characteristics in the system.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (WO 2022/062741).
Zhang teaches the touch sensor that comprises at least three touch blocks (11, figures 1, 3, 4), wherein the at least three touch blocks are disposed at an interval from each other (figures 1, 3, 4). Zhang does not specifically teach a spacing between two adjacent touch blocks ranges as claimed.
However, it would have been obvious to one skilled in the art to provide any ranges for the spacing between the two adjacent touch blocks in the system of Zhang such as providing a spacing between two adjacent touch blocks ranges from 0.5 mm to 2 mm depending on the applications and the desired frequency characteristics in the system.
Claims 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (WO 2022/062741) in view of Lee et al. (US WO 2021/036560).
Regarding claim 16, Zhang shows the earphone, wherein the housing (3, 4, 31, figures 1, 2, 4) comprises a main housing (3, 31) and a front housing (4, figures 1, 2, 4), the front housing is fastened on a front side of the main housing, internal space of the front housing communicates with internal space of the main housing (figures 1, 2, 4), and when the earphone is being worn, the front housing (4, figures 1, 2, 4) faces a user ear, wherein the main housing comprises a first end connected to the front housing and a second end that is far away from the front housing, and in a direction from the first end to the second end of the main housing (figures 1, 2, 4), and wherein the first circuit board (5) is fastened to an inner wall of the main housing (3, 31), and when the earphone is being worn, the first circuit board faces away from the user ear.
Zhang does not specifically show or disclose that an outer contour of the main housing first shrinks and then expands. However, providing the earphone comprising an outer contour of the main housing first shrinking and then expanding is known in the art.
Lee et al. teaches an earphone or an ear bud comprising a housing (1, figures 1, 2 (a)) that comprises a main housing (12, 13, 14) and a front housing (11, figures 1, 2(a)), wherein an outer contour of the main housing first shrinks and then expands (figure 2 (a)).
Therefore, it would have been obvious to one skilled in the art to provide any shape and/or configuration for the main housing of the earphone or the earbud of Zhang such as providing the outer contour of the main housing first shrinking and then expanding, as shown by Lee et al. for a comfort and better fitting to the ear of the wearer.
Regarding claim 20, Zhang teaches an earphone (100) comprising a housing (figures 1, 4), a first circuit board (the flexible circuit board FPC board 5, figures 1, 2, 3, 4) and an antenna (2, 21, 22, 23, 24), wherein both the first circuit board (5) and the antenna (2, 21, 22, 23, 24) are located in the housing (3, 31) and are disposed in a stacked manner (figures 1, 2, 3, 4, also note that “the at least two touch-sensing sheets 11 and the antenna body are respectively disposed on two opposite surfaces of the carrier board 5”), wherein the first circuit board and the antenna are structural members independent of each other, wherein the first circuit board is located between the antenna and the housing (3, figures 1, 3, 4), wherein the touch sensor (1, 11) is on a side that is of the first circuit board (5) and that faces the housing (figures 1, 4), wherein the touch sensor is configured to detect a touch action performed on the housing (3, 31), and wherein the antenna (2) is configured to transmit/receive a radio frequency signal.
Zhang does not specifically disclose a charging case accommodating for the earphone as claimed. However, providing a charging case accommodating for the earphone is known in the art.
Lee et al. teaches an earphone or an ear bud (100, 200) comprising a charging case (8, 81, 82) accommodating for the earphone (figures 13, 14, 15).
Therefore, it would have been obvious to one skilled in the art to provide a charging case, as taught by Lee et al., accommodating for the earphone in the system of Zhang for better charging the wireless earphone system.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Van Erven et al. (US 2021/0089265) in view of Lee et al. (US WO 2021/036560).
Van Erven et al. teaches an earphone comprising a housing (200, paragraph [0091]), a first circuit board (see paragraph [0105], wherein “the PCB layer in which the capacitive sensing electrodes 502 are positioned”), and an antenna (408, paragraphs [0104]-[0105]), wherein both the first circuit board and the antenna are located in the housing and are disposed in a stacked manner (note paragraph [0105], wherein “the inductive loop 408 can be positioned on a separate printed circuit board (PCB) layer that is positioned behind the PCB layer in which the capacitive sensing electrodes 502 are positioned”), wherein the first circuit board and the antenna are structural members independent of each other (note paragraph [0105], wherein “the inductive loop 408 can be positioned on a separate printed circuit board (PCB) layer”), wherein the first circuit board is located between the antenna and the housing (paragraph [0105]), wherein a touch sensor (502) is on a side that is of the first circuit board and that faces the housing (paragraph [0105]), wherein the touch sensor is configured to detect a touch action performed on the housing (paragraph [0091]), and wherein the antenna is configured to transmit/receive a radio frequency signal (paragraph [0102]).
Van Erven et al. does not specifically disclose a charging case accommodating for the earphone as claimed. However, providing a charging case accommodating for the earphone is known in the art.
Lee et al. teaches an earphone or an ear bud (100, 200) comprising a charging case (8, 81, 82) accommodating for the earphone (figures 13, 14, 15).
Therefore, it would have been obvious to one skilled in the art to provide a charging case, as taught by Lee et al. accommodating for the earphone in the system of Van Erven et al. for better charging the wireless earphone system.
Allowable Subject Matter
Claims 8-15 and 17-19 are 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Meyer (US 5,341,433) teaches a pressure and/or pressure and position sensors that are provided within a housing of a hearing aid, wherein the pressure or pressure and/or position sensors are constructed in a film-like structure to react with variable resistance, are composed of laminated polymer layers, wherein one layer is coated with interdigital electrodes and the appertaining other layer is coated with semiconductor material.
Solum et al. (US 8,655,000) teaches a hearing assistance device including a conductive member used for a touch or touch-less sensor for changing a setting mode, or function of the hearing assistance device, wherein the conductive member is also used as an antenna for a wireless communication system.
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 12, 2026
Prosecution Insights