Prosecution Insights
Last updated: October 02, 2026
Application No. 18/989,052

ELECTRONIC DEVICES

Non-Final OA §103§112
Filed
Dec 20, 2024
Priority
Jan 30, 2023 — continuation of PCTCN2023073883
Examiner
SHAH, ANTIM G
Art Unit
Tech Center
Assignee
Shenzhen Shokz Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
438 granted / 590 resolved
+14.2% vs TC avg
Strong +39% interview lift
Without
With
+39.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
20 currently pending
Career history
610
Total Applications
across all art units

Statute-Specific Performance

§101
7.6%
-32.4% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 590 resolved cases

Office Action

§103 §112
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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 112 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. Claims 13-16 are 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 13 recites the limitation "the transducer" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claims 14 depends on claim 13 and therefore rejected for the same reason. Claim 15 recites the limitation "the transducer" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claims 16 depends on claim 15 and therefore rejected for the same reason. Claim Rejections - 35 USC § 103 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. 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. Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Patent Document CN218038945 (Provided by the applicant’s IDS dated 2/27/25) to Tao et al. (“Tao”) in view of U.S. Patent Application Publication No. 20220312098 [which claims the priority of CN 211702355 published on 10/16/2020] to Wang et al. (“Wang”). As to claim 1, Tao discloses an electronic device [Fig. 16, bone conduction headphone, Abstract], comprising a housing component [Fig. 2: 1], a circuit board [Fig. 2: 2], and a key component [Fig. 2: sealing assembly 3 and pressing member 4 together equivalent to key component], wherein an outer side of the housing component is provided with a concave region, a bottom of the concave region is provided with a key through hole [Fig. 5-6: through hole 11], and the circuit board is disposed in the housing component [Fig. 2-4: the circuit board 2 is disposed on the housing 1]; the key component is connected with the housing component and includes a key and a sealing ring [Figs. 2, 4: pressing member 4 and sealing assembly 3] , the key extends into the housing component through the key through hole to allow the key component to press a touch switch on the circuit board along a pressing direction under the action of an external force [Fig. 4: pressing member 4, switch 20: The pressing member 4 extends into the housing 1 by means of the through hole 11, so as to allow the pressing member 4 to press a switch 20 on the circuit board 2 in the pressing direction under the action of an external force], the sealing ring is located in the concave region and surrounds the key through hole [Figs 2 and 4: The sealing assembly 3 is located in the recessed area and surrounds the through hole 11]; wherein the key includes an operation portion [Fig. 2:40], a plug-in post connected with the operation portion [Fig. 2: 42], and a buckle portion connected with the plug-in post, the operation portion is partially located in the concave region and supported on the sealing ring [Fig. 4: The pressing member comprises a pressing panel 40 and insertion pillar 42 connected to the pressing panel. The pressing panel 40 is located in the recessed area and is supported on the sealing assembly 3.], the plug-in post penetrates through the sealing ring and the key through hole to extend into the housing component [Figs 2 and 4: The insertion pillars 42 pass through the sealing assembly 3 and the through hole 11 and extend into the housing 1, the sealing assembly 3 provided a seal between the pressing member 4 and the bottom of the recessed area]. Tao does not expressly disclose the sealing assembly is a sealing ring and the buckle portion snap-fits an inner sidewall of the housing component such that the sealing ring has a compression amount to provide sealing between the key and the bottom of the concave region. In the same or similar field of invention, Wang discloses an acoustic device 1, comprising hanger assembly with housing 24 and a function key 62/volume key 64 [Wang Figs. 1, 7-9, 12]. Further, Wang discloses the sealing assembly is a sealing ring [Wang Fig. 8: waterproof protection plate 65, paragraph 0088]and the buckle portion snap-fits an inner sidewall of the housing component such that the sealing ring has a compression amount to provide sealing between the key and the bottom of the concave region [Wang Fig. 8: the sides of two connecting plates 643 away from the sliding part 641 are each provided with a protruding snap-fit member 644 (equivalent to snap-fit part), so that the connecting part 642 can snap-fit the waterproof lining plate 65, and thus the function key 64 (or 62) can be engaged with tan ear hook housing 24 and the waterproof lining plate 65, so as to prevent the function key from falling off from the ear hook housing and to improve the waterproof and dustproof performance of the earl hook housing at the function/volume keys, also see paragraphs 0080-94]. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Tao to have features of the sealing assembly is a sealing ring and the buckle portion snap-fits an inner sidewall of the housing component such that the sealing ring has a compression amount to provide sealing between the key and the bottom of the concave region as taught by Wang. The suggestion/motivation would have been to improve the waterproof and dustproof performance of the ear hook housing 24 at the function key 64 [Wang paragraph 0091]. As to claim 2, Tao discloses wherein two key components are provided, one of the two key components is at least configured to realize volume increase, and the other of the two key components is at least configured to realize volume decrease, the two key components are disposed in respective concave regions, and the two concave regions are arranged at intervals [Figs. 6, 12: volume keys 62, paragraphs 0085, 0101]. In addition, the same motivation is used as the rejection of claim 1. As to claim 3, Tao discloses wherein the plug-in post is arranged in a cylindrical shape [Fig. 2: 42], and at least two grooves extending along an axial direction of the plug-in post are disposed at one end of the plug-in post away from the operation portion [Fig. 2:4], and the at least two grooves divide the plug-in post along the axial direction of the plug-in post into a first post section close to the operation portion and a second post section away from the operation portion [Fig. 2], the first post section is continuously arranged along a circumferential direction of the plug-in post, the sealing ring sleeves the first post section, and the second post section is provided with plug-in arms arranged at intervals along the circumferential direction of the plug-in post, wherein a count of the buckle portions is the same as a count of the plug-in arms and the buckle portions are connected with the plug-in arms in a one-to-one correspondence manner [Figs. 2, 4: pressing member/key structure 4, 3, also see Figs. 11-13]. As to claim 4, Wang discloses wherein a first guide surface is disposed on a side of the key through hole away from the circuit board, and a second guide surface is disposed on the buckle portion, and when the key extends into the housing component, the second guide surface and the first guide surface cooperate with each other to make the plug-in arms approach each other, such that the buckle portion penetrates through the key through hole [Wang Figs. 7-8]. In addition, the same motivation is used as the rejection of claim 1. As to claim 5, Tao discloses wherein the key component includes an elastic adapter, a hardness of the elastic adapter is less than a hardness of the key, a portion of the elastic adapter is inserted into the second post section, and another portion of the elastic adapter protrudes from one end of the key facing the touch switch, such that the key presses the touch switch by the elastic adapter [Fig. 4: 31: when the pressing panel 40 is pressed by the finger, it drives the connecting piece 30 to move towards the direction of the switch 20, and pressing the trigger switch 20, in this process, the flexible piece 31 is elastically deformed, the pressing panel 40 loses the external pressure, the flexible piece 31 recovers deformation, drives the connecting piece 30 and the pressing piece 4 returns to the original position]. As to claim 6, Tao discloses wherein the concave region includes a first sub-concave region and a second sub-concave region, the first sub-concave region is closer to the circuit board than the second sub-concave region in the pressing direction, a size of the second sub-concave region in a direction perpendicular to the pressing direction is greater than a size of the first sub-concave region in the direction perpendicular to the pressing direction, the sealing ring is partially located in the first sub-concave region, and the operation portion is located in the second sub-concave region [Figs. 2, 4]. As to claim 7, Tao discloses wherein a sidewall of the first sub-concave region is arranged in an arc shape on a reference cross section parallel to the pressing direction [Figs. 2, 4, 12]. As to claim 8, Tao discloses wherein a first limiting structure is disposed in the concave region, the first limiting structure is located on an outer side of the sealing ring, a second limiting structure is disposed on the operation portion, and when the key component is in a non-pressed state without the action of the external force, the first limiting structure and the second limiting structure are partially overlapped in the pressing direction, and cooperate with each other to limit the key in the circumferential direction of the key through hole [Figs. 2, 4, 9, 12-13]. As to claim 9, Tao discloses wherein the first limiting structure includes two first limiting blocks arranged at intervals in the circumferential direction of the key through hole, and a blind hole disposed at the bottom of the concave region and located between the two first limiting blocks, and the second limiting structure includes a groove and a second limiting block partially located in the groove; wherein in the non-pressed state, the second limiting block is located between the two first limiting blocks, and when the key component is in a pressed state under the action of the external force, the second limiting block extends into the blind hole, and the two first limiting blocks respectively extend into the groove [Figs. 2, 4, 9, 11-13]. As to claim 10, Tao discloses wherein a spacing between the two first limiting blocks in the circumferential direction of the key through hole is greater than or equal to an aperture of the blind hole in the circumferential direction of the key through hole, and a guide arc surface or a guide slope is disposed on an edge of the blind hole close to the two first limiting blocks [Figs. 2, 4, 11-13]. As to claim 11, Tao discloses wherein two first limiting structures and two second limiting structures are provided, respectively, the two first limiting structures are arranged at intervals relative to each other in a radial direction of the key through hole, and the two second limiting structures are arranged at intervals relative to each other in a radial direction of the key through hole respectively [Figs. 2, 4, 11-13]. As to claim 12, Tao discloses wherein a support component and a core module connected with the support component, wherein the support component is configured to support the core module to be worn to a wearing position, the housing component serves as a portion of the support component, and the core module is electrically connected with the circuit board [Fig. 16]. Also, Wang discloses similar earphone device with a support component and a core module connected with the support component, wherein the support component is configured to support the core module to be worn to a wearing position, the housing component serves as a portion of the support component, and the core module is electrically connected with the circuit board [Figs. 3-9, 18-20. Which]. In addition, the same motivation is used as the rejection of claim 1. As to claim 13, Tao discloses herein the housing component includes a core housing and a core cover plate covering an open end of the core housing, and a sealing film, the transducer device is at least partially located in the core housing, the transducer device includes a support, the core cover plate and the sealing film are respectively provided with a first avoidance hole and a second avoidance hole that allow the vibration panel to be connected with the support, and the sealing film is configured to seal an assembly clearance of the first avoidance hole [Fig. 15 and corresponding text: vibration sound device 50 connected with the cover body 5, Vibration sound device 50 can generate vibration, when the cover body 5 and the human face, skin contact can make the user hear the sound]. As to claim 14, Tao discloses wherein at least one of the vibration panel and the support is provided with a support end surface corresponding to a surrounding region of the second avoidance hole, and the sealing film is fixed on the support end surface [Fig. 15]. As to claim 15, Wang discloses wherein the core module further includes a microphone component [Figs. 4, 6, 9-10: 140, paragraph 0081, 0097] the microphone component includes a first microphone, an orthographic projection of the first microphone in a vibration direction is located on the transducer device [Fig. 9-10: paragraphs 0081, 0096-99]. In addition, the same motivation is used as the rejection of claim 1. As to claim 16, Wang discloses wherein the core module further comprises a limiting member disposed in the housing component, the limiting member is configured to stop the transducer device when a motion amplitude of the transducer device in the vibration direction exceeds a preset amplitude threshold, so as to maintain a preset distance between the transducer device and the first microphone [paragraph 0081: “hole 22 may be provided on a side of the shell 24 away from the speaker component 10. For example, as shown in FIG. 5, the third hole 22 may be provided at a position C on the second shell 242”]. In addition, the same motivation is used as the rejection of claim 1. As to claim 17, Wang discloses a circuit board and a sliding key component [Fig. 8: 64], wherein the sliding key component includes an adapter frame disposed in the housing component and a sliding key, the sliding key toggles a toggle switch disposed on the circuit board by the adapter frame, the adapter frame includes an annular body portion and a first plug-in portion connected with the annular body portion, the first plug-in portion is connected with the toggle switch [Figs. 7-8, paragraphs 0088-92: “user may drive the switch to move by pressing or sliding the movable part 64 to trigger the switch”]. In addition, the same motivation is used as the rejection of claim 1. As to claim 18, Wang discloses wherein the sliding key includes an operation portion, a second plug-in portion connected with the operation portion, and a snap-fit portion connected with the second plug-in portion, the operation portion is disposed on an outer side of the housing component, the second plug-in portion penetrates through a sliding groove to extend into an insertion groove of the annular body portion, and the snap-fit portion is buckled with a side of the annular body portion facing the circuit board [Figs. 7-8 and corresponding paragraphs]. In addition, the same motivation is used as the rejection of claim 1. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Patent Application Publication No. 20210067879 to LI et al. (Figs. 2, 14, 19, 32-34 and corresponding paragraphs). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTIM G SHAH whose telephone number is (571)270-5214. The examiner can normally be reached Mon-Fri 7:30am-4pm. 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, Ahmad Matar can be reached at 571-272-7488. 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. /ANTIM G SHAH/Primary Examiner, Art Unit 2693
Read full office action

Prosecution Timeline

Dec 20, 2024
Application Filed
Aug 20, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+39.2%)
3y 2m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 590 resolved cases by this examiner. Grant probability derived from career allowance rate.

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