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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/13/2025, 09/05/2025, and 11/10/2025 are being considered by the examiner.
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) 1-12 and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tamsiran et al (US Pub No. 2022/0312133, hereinafter Tamsiran).
Regarding claim 1, Tamsiran teaches an earphone (Fig 1, hearing device 1), comprising a core module (Fig 1, body 3), a hook structure (Fig 1, cable 10 and behind the ear structure 15), and an auxiliary structure (Fig 1, retention element 8), the hook structure and the auxiliary structure being connected with the core module (Fig 1, body 3 connected to both retention element 8 and behind the ear structure 15), wherein the core module is located on a front side of an ear in a wearing state (Fig 3, body 3 located at front side of ear), at least a portion of the hook structure is located on a rear side of the ear in the wearing state (Fig 3, behind the ear structure 15 located behind the ear), and at least a portion of the auxiliary structure is located on the front side of the ear in the wearing state (Fig 3, retention element 8 located at front side of ear); wherein the core module is pressed on a first ear region corresponding to a cymba conchae of the ear (Fig 3, body 3 located in concha region of ear), and the auxiliary structure is pressed on a second ear region corresponding to an antihelix of the ear (Abstract & fig 3, retention element 8 pressing against antihelix 26).
Regarding claim 2, Tamsiran teaches the earphone of claim 1, wherein in the wearing state and in a thickness direction, an extension direction of the auxiliary structure points to the back of the head (Fig 3, retention element 8 extends toward back of head), an angle between the extension direction of the auxiliary structure and a positive direction of a vertical axis of a human body points to the top of the head is an acute angle (Fig 3, extended portion of retention element 8 in contact with the antihelix is at an acute angle with a vertical axis to the top of a human body), and the thickness direction is defined as a direction in which the core module is close to or away from the ear in the wearing state (Fig 3, body 3 having thickness direction).
Regarding claim 3, Tamsiran teaches the earphone of claim 2, wherein the core module has a first inner side surface facing the ear and a first outer side surface away from the ear along the thickness direction in the wearing state (Fig 3, body 3 having an inner and outer surface in a thickness direction), a connection surface connects the first inner side surface and the first outer side surface (Fig 3, inner and outer surface of body 3 connected by main body of body 3), and the auxiliary structure is at least connected with the connection surface (Fig 3, retention element 8 connected to main body of body 3).
Regarding claim 4, Tamsiran teaches the earphone of claim 3, wherein the core module has a length direction and a width direction which are perpendicular to the thickness direction and orthogonal to each other (Fig 1, body 3 having length and width directions perpendicular to a thickness direction and orthogonal to each other), a size of the core module in the length direction is greater than a size of the core module in the width direction (Fig 1, length left to right is greater than width direction), the connection surface includes an upper side surface away from an external ear canal and a lower side surface facing the external ear canal of the ear along the width direction in the wearing state (Fig 3, connection surface of body 3 having upper and lower surfaces), and a rear side surface facing the back of the head and a front side surface away from the back of the head along the length direction in the wearing state (Fig 3, body 3 having front and back surfaces), and the auxiliary structure is at least connected with the rear side surface (Fig 3, retention element 8 connected to rear surface of body 3).
Regarding claim 5, Tamsiran teaches the earphone of claim 4, wherein a thickness of the auxiliary structure is less than the size of the core module in the thickness direction (Fig 1, thickness of body 3 greater than thickness of retention element 8), and in the length direction or the width direction, a position where the auxiliary structure is connected with the core module is located between a position of one third of a thickness of the core module in the thickness direction and a position of two thirds of the thickness of the core module in the thickness direction (Fig 1, retention element 8 connection position is less than the thickness direction of body 3).
Regarding claim 6, Tamsiran teaches the earphone of claim 3, wherein the hook structure and the auxiliary structure are staggered in the thickness direction (Fig 3, behind the ear structure 15 and retention element 8 staggered in a thickness direction).
Regarding claim 7, Tamsiran teaches the earphone of claim 1, wherein the core module includes a core housing connected with the hook structure and a loudspeaker disposed in the core housing (Fig 3 & ¶ [0035], body 3 having speaker and connected to cable 10 and behind the ear structure 15), the auxiliary structure includes a connection portion connected with the core module (Fig 3, body 3 connected to retention element 8) and an extension portion connected with the connection portion (Fig 3, retention element 8 extending to antihelix 26), a hardness of the extension portion is less than a hardness of the core housing (¶ [0024], retention element 8 made of silicone), and the auxiliary structure contacts the antihelix through the extension portion (Fig 3, retention element 8 extending to antihelix 26).
Regarding claim 8, Tamsiran teaches the earphone of claim 7, wherein the auxiliary structure includes a flexible insert connected with the extension portion, the flexible insert is disposed in the extension portion or on a side of the extension portion facing the antihelix, and a hardness of the flexible insert is less than the hardness of the extension portion (Fig 3 & ¶ [0024], retention element 8 made of silicone).
Regarding claim 9, Tamsiran teaches the earphone of claim 7, wherein the core module includes a first inner side surface facing the ear and a first outer side surface away from the ear along a thickness direction in the wearing state (Fig 3, body 3 having an inner and outer surface in a thickness direction), and a connection surface connecting the first inner side surface and the first outer side surface (Fig 3, inner and outer surface of body 3 connected by main body of body 3), wherein the thickness direction is defined as a direction in which the core module is close to or away from the ear in the wearing state, and the connection portion covers at least a portion of the first outer side surface (Fig 3, retention element 8 connected to main body of body 3).
Regarding claim 10, Tamsiran teaches the earphone of claim 9, wherein the extension portion has a second inner side surface facing the antihelix and a second outer side surface away from the antihelix in the wearing state, and at least one of the second inner side surface and the second outer inner side surface is inclined towards the antihelix (Fig 3 & ¶ [0021], retention element 8 having an inner and outer surface adapted to follow a course of the antihelix).
Regarding claim 11, Tamsiran teaches the earphone of claim 7, wherein the core module has a first inner side surface facing the ear and a first outer side surface away from the ear along a thickness direction in the wearing state (Fig 3, body 3 having an inner and outer surface in a thickness direction), and a connection surface connecting the first inner side surface and the first outer side surface (Fig 3, inner and outer surface of body 3 connected by main body of body 3), wherein the thickness direction is defined as a direction in which the core module is close to or away from the ear in the wearing state (Fig 3, body 3 having thickness direction), the connection surface is provided with a mounting groove extending along a circumferential direction of the core module, and the connection portion is fixed in the mounting groove (Fig 3, retention element 8 connected to main body of body 3).
Regarding claim 12, Tamsiran teaches the earphone of claim 11, wherein the mounting groove is arranged in an annular shape, the connection portion is arranged in an annular structure, and the connection portion is embedded in the mounting groove (Fig 1, retention element 8 connected to body 3 in an annular shape).
Regarding claim 14, Tamsiran teaches the earphone of claim 1, wherein the core module includes a core housing connected with the hook structure and a loudspeaker disposed in the core housing (Fig 3 & ¶ [0035], body 3 having speaker and connected to cable 10 and behind the ear structure 15), an inner side of the core housing facing the ear in the wearing state is provided with a sound guiding hole, sound waves generated by the loudspeaker are propagated through the sound guiding hole (Fig 2 & ¶ [0036], socket 6 arranged on flange of body 3, flange configured as acoustic channel for propagating sound), the core module covers at least a portion of a cavity of auricular concha in the wearing state and cooperate with each other to form an auxiliary cavity connected with an external ear canal of the ear, and the sound guiding hole is at least partially located in the auxiliary cavity (Fig 3, body 3 within concha, cavity formed between body 3 and ear canal where acoustic channel flange sits).
Regarding claim 15, Tamsiran teaches the earphone of claim 14, wherein the auxiliary cavity is semi- open (Fig 3, body 3 does not fully encapsulate concha 21).
Regarding claim 16, Tamsiran teaches the earphone of claim 14, wherein the earphone includes a main control circuit board disposed in the core housing (¶ [0035], body 3 configured to receive electronic components), an inner side of the core housing or the auxiliary structure facing the ear in the wearing state is provided with an electrode terminal, and the electrode terminal and the loudspeaker are coupled with the main control circuit board (¶ [0068], hearing device 1 having transducer 30 and sensor module).
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 (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 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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamsiran et al (US Pub No. 2022/0312133, hereinafter Tamsiran) as applied to claims above, and further in view of Ito et al (US Pub No. 2022/0248120, hereinafter Ito).
Regarding claim 13, Tamsiran teaches the earphone of claim 1.
Tamsiran does not explicitly teach wherein the auxiliary structure is detachably connected with the core module.
Ito teaches an auxiliary structure that is detachably connected with the core module (See Ito ¶ [0106], attachment aid member 3 may be detachably attached to the device main frame 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the detachable aid member taught by Ito with the earphone taught by Tamsiran. Doing so allows for easy replacement due to wear or damage over time (Ito ¶ [0106]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamsiran et al (US Pub No. 2022/0312133, hereinafter Tamsiran) as applied to claims above, and further in view of Ji et al (US Patent No. 11528563, hereinafter Ji).
Regarding claim 18, Tamsiran teaches the earphone of claim 1, wherein the core module includes a core housing connected with the hook structure and a loudspeaker disposed in the core housing (Fig 3 & ¶ [0035], body 3 having speaker and connected to cable 10 and behind the ear structure 15).
Tamsiran does not explicitly teach a loudspeaker including a basket and a coil, the coil includes a lead wire, the lead wire is fixed on the basket, the loudspeaker further includes a magnetic shield connected with the basket, a magnet disposed in the magnetic shield, a diaphragm connected with the coil, and a folded ring connecting the diaphragm and the basket, and the coil extends into a magnetic gap formed by the magnet and the magnetic shield.
Ji teaches a loudspeaker including a basket and a coil (See Ji fig 2, frame 110 and voice coil 150), the coil includes a lead wire, the lead wire is fixed on the basket (See Ji fig 2, all voice coils have wires connected inside the speaker frame), the loudspeaker further includes a magnetic shield connected with the basket (See Ji fig 2, shielding member 300), a magnet disposed in the magnetic shield (See Ji fig 2, permanent magnet 130), a diaphragm connected with the coil (See Ji fig 2, diaphragm 160), and a folded ring connecting the diaphragm and the basket (See Ji fig 2, connecting portion between diaphragm 160 and frame 110), and the coil extends into a magnetic gap formed by the magnet and the magnetic shield (See Ji fig 2, voice coil 150 extends into magnetic gap formed by permanent magnet 130).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the speaker taught by Ji with the earphone taught by Tamsiran. This speaker configuration is well known in the art and widely used in ear wearable devices. Utilizing the speaker design of Ji provides a compact and stable structure for mounting a driver (Ji column 1 lines 24-26).
Allowable Subject Matter
Claims 17, 19 and 20 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.
Thumm et al (WO 2018/099562) teaches component customization of a hearing device to the ear of a hearing device user.
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/T.M.L./Examiner, Art Unit 2694
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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