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.
Claim(s) 1-4, and 10-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zheng et al. (US 2022/0095029) herein Zheng.
Regarding claim 1, Zheng discloses an earphone (earphone of Figs. 1-59), comprising: a core module (core module 13+14, Figs. 7, 8); and a hook structure connected to the core module (hook 11 connected to core module 14, Figs. 7, 8), wherein the core module is located at a front side of an ear in a wearing state, a free end of the core module not connected to the hook structure extends into a concha cavity of the ear in the wearing state (core module located at a front side of the ear in a wearing state with free end of core module 13+14 not connected to the hook structure extends into a concha cavity of the ear, Figs. 4, 5), at least a portion of the hook structure is located at a rear side of the ear in the wearing state (portion of hook 11 located at a rear side of the ear in the wearing state, Figs. 4, 5), in the wearing state, the core module has a first inner side surface toward the ear along a thickness direction and an outer side surface away from the ear along the thickness direction, the thickness direction being defined as a direction in which the core module is close to or away from the ear in the wearing state (core module has a first inner side surface toward the ear along a thickness direction and an outer surface away from the ear along the thickness direction, the thickness direction being defined as a direction in which the core module is close to or away from the ear in the wearing state, Figs. 4, 5), the first inner side surface in the wearing state covering at least a portion of a tragus of the ear (first inner side surface in the wearing state covers at least a portion of a tragus of the ear (core module 13+14 can be rotated, thus can cover at least a portion of a tragus of the ear), Figs. 4, 5, [0106]), the hook structure has a transition portion connected to the core module, the transition portion is located at the front side of the ear in the wearing state and has a second inner side surface toward the ear along the thickness direction in the wearing state, and the second inner side surface being bent along the thickness direction toward a direction away from the outer side surface with respect to the first inner side surface (hook structure 11 has a transition portion near and including 12 connected to the core module 14, the transition portion near and including 12 located at the front side of the ear in the wearing state, and has a second inner side surface toward the ear along the thickness direction in the wearing state, and the second inner side surface bent along the thickness direction toward a direction away from the outer side surface with respect to the first inner side surface, (additionally hook component is flexible and capable of bending/rotating so can additionally be bent along various directions), Figs. 4, 5, 8, [0106]).
Regarding claim 2, Zheng discloses wherein an angle between the second inner side surface and the first inner side surface is within a range of 119° to 170° (as the hook component and the core module are rotatable in relationship to each other, the angle between the second inner side surface and the first inner side surface can be set to fall within a range of 119° to 170°, Figs. 4, 5, 8, [0106]).
Regarding claim 3, Zheng discloses wherein a distance between one end of the second inner side surface away from the core module and the first inner side surface along the thickness direction is within a range of 1.6 mm to 2.4 mm (as the hook component and the core module are rotatable in relationship to each other, the distance between the second inner side surface and the first inner side surface can be set to fall within a range of 1.6mm to 2.4mm, Figs. 4, 5, 8, [0106]).
Regarding claim 4, Zheng discloses wherein the transition portion includes an adapter shell connected to the core module, and the adapter shell is arranged to be a gradual shrinking structure (transition portion includes an adapter shell 12 connected to core module 14, and the adapter shell gradually shrinks towards the point 121, Figs. 4, 5, 8).
Regarding claim 10, Zheng discloses wherein the hook structure includes an elastic metal wire connected to the adapter shell, at least a portion of the elastic metal wire is located at the rear side of the ear in the wearing state, and the adapter shell extends along the thickness direction toward a side of the first inner side surface away from the outer side surface (hook structure 11 includes an elastic steel wire throughout connected to the adapter shell 12 with at least a portion of the elastic metal wire located at the rear side of the ear in the wearing state, the adapter shell 12 extends along the thickness direction toward a side of the first inner side surface away from the outer side surface, Figs. 4, 5, 8, [0106]).
Regarding claim 11, Zheng discloses whereinin a non-wearing state, the elastic metal wire passes through a plane on which the first inner side surface is located (as the elastic metal wire passes throughout the entire hook component and portion 12, the elastic metal wire would pass through a plane on which the first inner side surface is located in both a wearing or a non-wearing state, Figs. 4, 5, 8, [0106]).
Regarding claim 12, Zheng discloses wherein in a non-wearing state, an angle between a plane on which the elastic metal wire is located and the first inner side surface is within a range of 15° to 30° (as the elastic metal wire passes throughout the entire hook component and portion 12 and can be flexibly adjusted, the angle between a plane on which the elastic metal wire is located and the first inner side can be adjusted to fall within the range of 15° to 30°, Figs. 4, 5, 8, [0106]).
Regarding claim 13, Zheng discloses wherein the core module includes a core shell connected to the adapter shell (core module includes a core shell 13 connected to adapter shell 12, Figs. 4, 5, 8) and a speaker arranged in the core shell (speaker 14 is arranged in the core shell, Fig. 36), a sound outlet hole is arranged on a side of the core shell toward the ear in the wearing state, sound waves generated by the speaker are propagated through the sound outlet hole, in the wearing state (sound outlet 1311 arrange on a side of the core shell 13 toward the ear in the wearing state, Figs. 30, 31, 36, 37), the core module cooperates with the concha cavity to form an auxiliary cavity in communication with an external ear canal of the ear, and the sound outlet hole is at least partially located in the auxiliary cavity (core module 13+14 extends into a concha cavity of the ear thus would cooperate with the concha cavity to form an auxiliary cavity in communication with an external ear canal of the ear and the sound outlet hole is at least partially located in the auxiliary cavity, Figs. 4, 5, 30, 31, 36, 37).
Regarding claim 14, Zheng discloses wherein the auxiliary cavity is arranged to be semi-open (as earphone of Zheng is worn in a manner that does not fully occlude the ear, the auxiliary cavity can be considered semi-open, Figs. 4, 5, 8).
Regarding claim 15, Zheng discloses wherein the core shell includes a core inner shell and a core outer shell that are snapped together with each other along the thickness direction, the core inner shell in the wearing state being closer to the ear than the core outer shell, the sound outlet hole being arranged on the core inner shell, and at least one of the core inner shell or the core outer shell being inserted and fixed with the adapter shell (core shell 13 has a core inner shell 1314 and a core outer shell 1315 that are snapped together with each other along the thickness direction, the core inner shell 1314 being closer to the ear than the core outer shell 1315 in a wearing state, with sound outlet hole 1311 arranged on core inner shell 1314, core inner shell being inserted and fixed with the adapter shell 122, Fig. 34).
Regarding claim 16, Zheng discloses wherein the core shell includes the core inner shell and the core outer shell that are snapped together with each other along the thickness direction, the core inner shell in the wearing state being closer to the ear than the core outer shell, the sound outlet hole being arranged on the core inner shell (core shell 13 has a core inner shell 1314 and a core outer shell 1315 that are snapped together with each other along the thickness direction, the core inner shell 1314 being closer to the ear than the core outer shell 1315 in a wearing state, with sound outlet hole 1311 arranged on core inner shell 1314, core inner shell being inserted and fixed with the adapter shell 122, Fig. 34), and one of the core inner shell and the core outer shell being arranged to be an integrated molded structure with the adapter shell (core outer shell 1315 arranged to be integrated with the adapter shell 122 to form a integrated molded structure, Fig. 34).
Allowable Subject Matter
Claims 5-9 and 17-20 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
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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.
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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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