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 .
Claims filed 1-8-2025
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1-8-2025 was filed on the mailing date of the application filed on 1-8-2025. The submission 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)(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.
Claim(s) 1-2, 7-9, 11-13, 16-17, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Higgins 2020/0162828.
Regarding claim 1, Higgins 2020/0162828 discloses an earbud (Figs 1, 4, 13) for insertion into an ear canal (para [45]), comprising:
an elongated body (Figs 1 and 4, receiver housing 102 and alternate front receiver housing 306 in Fig 4) comprising a first end, a second end, a cavity extending along a body axis between the first end and the second end of the elongated body (See Fig 4), and
a body acoustic port (Fig 4, receiver opening 406) disposed in the first end of the body and acoustically coupled to the cavity of the body, wherein a portion of the cavity adjacent the body acoustic port comprises a cross-sectional area in a plane orthogonal to the body axis that increases in a direction from the second end of the body to the first end of the body (see Fig 4);
a flange (earbud 104 including outer dome 424, earbud inner surface 420 and 422 in Fig 4) connected to the elongated body and comprising a first end adjacent the first end of the elongated body, a second end, and an opening disposed in the first end of the flange that is acoustically coupled to the cavity of the elongated body (see Fig 4); and
a wax bridge (wax bridge 204) disposed on an outer surface of the flange along the body axis and over the body acoustic port (Fig 4 shows).
Regarding claim 2, Higgins 2020/0162828 discloses the earbud of claim 1, wherein the wax bridge (Fig 4 shows wax bridge 204, para [37]) comprises a body portion and an arm that connects the body portion to the flange (Fig 4, earbud 104 including outer dome 424).
Regarding claim 7, Higgins 2020/0162828 discloses the earbud of claim 1, wherein a cross-sectional circumference of the flange in a plane orthogonal to the body axis increases in a direction from the first end of the flange to the second end of the flange along the body axis (Fig 4, an elongate body (receiver housing 102 and alternate front receiver housing 306, Fig 4 shows, near the pass-through passage 430 along the body axis via earbud acoustic channel body axis via earbud acoustic channel 408).
Regarding claim 8, Higgins 2020/0162828 discloses the earbud of claim 1, further comprising a mesh disposed on or at least partially within the earbud (para [60] discloses a filter 1302 across the receiver opening, the filter can be a wire mesh, also see Fig 13).
Regarding claim 9, Higgins 2020/0162828 discloses the earbud of claim 8, wherein at least a portion of the mesh is disposed over the body acoustic port of the elongated body (Fig 13, shows filter 1302 across the receiver opening 406, the filter can be a wire mesh, para [60]).
Regarding claim 11, Higgins 2020/0162828 discloses an ear-wearable electronic device (Fig 1, hearing aid system 100 including a receiver housing 102 and an earbud 104) comprising:
the housing (Fig 1, receiver housing 102) comprising a housing acoustic port (front earbud opening 202, para [37]);
an electronic component (receiver assembly 304, para [38]) disposed within the housing; and
an earbud (earbud 104) connected to the housing and configured to be inserted into an ear canal, the earbud comprising:
an elongated body (receiver housing 102 and alternate front receiver housing 306 in Fig 4) comprising a first end, a second end, a cavity extending along a
body axis between the first end and the second end of the elongated body, and
a body acoustic port (receiver opening 406) disposed in the first end of the body and acoustically coupled to the cavity of the body, wherein a portion of the cavity adjacent the body acoustic port comprises a cross-sectional area in a plane orthogonal to the body axis that increases in a direction from the second end of the body to the first end of the body (Fig 4 shows near the pass-through passages 430), and further wherein the cavity is acoustically coupled to the housing acoustic port;
a flange (earbud 104 including the outer dome 424, earbud inner surface 420 and 422 in Fig 4) connected to the elongated body and comprising a first end adjacent the
first end of the elongated body, a second end, and an opening disposed in the first end of
the flange that is acoustically coupled to the cavity of the elongated body; and
a wax bridge (wax bridge 204) disposed on an outer surface of the flange along the body axis and over the body acoustic port (Fig 4).
Regarding claim 12, Higgins 2020/0162828 discloses the device of claim 11, wherein the electronic component (Fig 4, receiver assembly 304 is acoustically coupled to the body acoustic port of the elongated body via the cavity of the elongated body, para [38-40].
Regarding claim 13, Higgins 2020/0162828 discloses the device of claim 11, wherein the wax bridge (Fig 4 shows wax bridge 204, para [37] comprises a body portion and an arm that connects the body portion to the flange (Fig 4, earbud 104 including outer dome 424).
Regarding claim 16, Higgins 2020/0162828 discloses the device of claim 11, further comprising a mesh disposed on or at least partially within the earbud (para [60] discloses a filter 1302 across the receiver opening, the filter can be a wire mesh, also see Fig 13).
Regarding claim 17, Higgins 2020/0162828 discloses the device of claim 16, wherein at least a portion of the mesh is disposed over the body acoustic port of the elongated body (Fig 13, shows filter 1302 across the receiver opening 406, the filter can be a wire mesh, para [60]).
Regarding claim 19, Higgins 2020/0162828 discloses a method comprising:
disposing a cavity through an elongated body (Figs 1, 4 and 13, earbud, para [45] receiver housing 102 and alternate front receiver housing 306 in Fig 4) of an earbud along a body axis that extends between a first end and a second end of the elongated body);
disposing a body acoustic port (Fig 4, receiver opening 406) in the first end of the body that is acoustically coupled to the cavity of the body, wherein a portion of the cavity adjacent the body acoustic port comprises a cross-sectional area in a plane orthogonal to the body axis that increases in a direction from the second end of the body to the first end of the body (See Fig 4);
connecting a first end of a flange (earbud 104 including outer dome 424, earbud inner surface 420 and 422 in Fig 4) to the first end of the elongated body, wherein the
flange extends along the body axis between the first end and a second end, wherein the flange further comprises an opening disposed in the first end of the flange that is acoustically coupled to the cavity of the body (See Fig 4); and
disposing a wax bridge (wax bridge 204) on an outer surface of the flange along the body axis and over the body acoustic port (Fig 4 shows).
Regarding claim 20, Higgins 2020/0162828 discloses the method of claim 19, further comprising connecting a housing of an ear-wearable electronic device to the earbud (Figs 1 and 4).
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) 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Higgins 2020/0162828 in view of Kuhn 10743122
Regarding claim 3, Higgins 2020/0162828 does not explicitly disclose the claimed limitation as recited in claim 2.
Kuhn teaches the earbud of claim 1, wherein the wax bridge comprises two or more overlapping leaves that are connected to the outer surface of the flange (Fig 2, wax bridge/wax guard 9 comprises four protective elements 11 that are connected to the outer surface of the flange, col 4 lines 44-57). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the wax bridge comprises two or more overlapping leaves that are connected to the outer surface of the flange as taught by Kuhn in Higgins 2020/0162828’s invention to prevent debris from entering the body of acoustic port.
Regarding claim 14, Higgins 2020/0162828 does not explicitly disclose the claimed limitation as recited in claim 14.
Kuhn teaches the device of claim 11, wherein the wax bridge comprises two or more overlapping leaves that are connected to the outer surface of the flange (Fig 2, wax bridge/wax guard 9 comprises four protective elements 11 that are connected to the outer surface of the flange, col 4 lines 44-57). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the wax bridge comprises two or more overlapping leaves that are connected to the outer surface of the flange as taught by Kuhn in Higgins 2020/0162828’s invention to prevent debris from entering the body of acoustic port.
Claim(s) 4, 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Higgins 2020/0162828 in view of Monti 2019/0208303
Regarding claim 4, Higgins 2020/0162828 does not explicitly disclose the claimed limitation as recited in claim 4.
Monti teaches the earbud of claim 1, wherein the wax bridge comprises at least two concentric rings that are connected to the outer surface of the flange (Fig 8, shows wax bridge/transmissive barrier, para [22] and Fig 9 and para [31]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement wherein the wax bridge comprises at least two concentric rings that are connected to the outer surface of the flange as taught by Monti in Higgins 2020/0162828’s invention to prevent debris from entering the body of acoustic port.
Regarding claim 10, Higgins 2020/0162828 discloses the earbud of claim 8, wherein at least a portion of the mesh is disposed over the body acoustic port of the elongated body (Fig 13, shows filter 1302 across the receiver opening 406, the filter can be a wire mesh, para [60]).
Higgins 2020/0162828 does not explicitly disclose the earbud of claim 8, wherein the mesh is embedded at least partially within the elongated body and extends through the cavity.
Monti 2019/0208303 teaches wherein the mesh is embedded at least partially within the elongated body and extends through the cavity (Figs 9-11, para [26-27] teaches the mesh/transmissive barrier (barrier is mesh) is embedded within the elongated body and extends through the cavity).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement wherein the mesh is embedded at least partially within the elongated body and extends through the cavity as taught by Monti 2019/0208303 in Higgins 2020/0162828 ’s invention in order to prevent earwax, lint and debris from entering the internal driver.
Regarding claim 15, Higgins 2020/0162828 does not explicitly disclose the claimed limitation as recited in claim 15.
Monti 2019/0208303 teaches the device of claim 11, wherein the wax bridge comprises at least two concentric rings that are connected to the outer surface of the flange (Fig 8 shows wax bridge/transmissive barrier, para [22] and Fig 9 and para [31]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement wherein the wax bridge comprises at least two concentric rings that are connected to the outer surface of the flange as taught by Monti in Higgins 2020/0162828’s invention to prevent debris from entering the body of acoustic port.
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Higgins 2020/0162828 in view of Higgins 2019/0007761
Regarding claim 5, Higgins 2020/0162828 does not explicitly disclose the claimed limitation as recited in claim 5.
Higgins 2019/0007761 teaches the earbud of claim 1, wherein the flange further comprises a retaining ring (Fig 2, retainer rings 46, 66, para [41-42, 47, 50]) disposed at the second end (second end 48 of the flange, para [41-42]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the flange further comprises a retaining ring disposed at the second end of the flange as taught by Higgins 2019/0007761 in Higgins 2020/0162828’s invention, the retainer ring can prevent warping and puckering when the first flange is deflected to maintain a circular or elliptical cross-section of the flange. See Higgins 2019/0007761’s para [42].
Regarding claim 6, Higgins 2020/0162828 does not explicitly disclose the claimed limitation as recited in claim 6.
Higgins 2019/0007761 teaches the earbud of claim 5, wherein a cross-sectional thickness of the retaining ring is greater than a cross-sectional thickness of the flange (para [47] teaches a cross-sectional thickness of the retainer ring 46 can be greater than a cross- sectional thickness of the flange 40).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement a cross-sectional thickness of the retaining ring is greater than a cross-sectional thickness of the flange as taught by Higgins 2019/0007761 in Higgins 2020/0162828 ’s invention in order to improve the earbud.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Higgins 2020/0162828 in view of Higgins 2019/0007761 further in view of Monti 2019/0208303
Regarding claim 18, Higgins 2020/0162828 discloses the earbud of claim 8, wherein at least a portion of the mesh is disposed over the body acoustic port of the elongated body (Fig 13, shows filter 1302 across the receiver opening 406, the filter can be a wire mesh, para [60]).
Higgins 2020/0162828 as modified by Higgins 2019/0007761 does not explicitly disclose the device of claim 16, wherein the mesh is embedded within the elongated body and extends through the cavity.
Monti teaches wherein the mesh is embedded within the elongated body and extends through the cavity (Figs 9-11, para [26-27] teaches the mesh/transmissive barrier (barrier is mesh) is embedded within the elongated body and extends through the cavity).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement wherein the mesh is embedded at least partially within the elongated body and extends through the cavity as taught by Monti 2019/0208303 in Higgins 2020/0162828 ’s invention as modified by Higgins 2019/0007761 in order to prevent earwax, lint and debris from entering the internal driver.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE X DANG whose telephone number is (571)272-0040. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R Edwards can be reached at 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIE X DANG/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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