DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
Information Disclosure Statement
2. The information disclosure statement filed on January 17, 2025 has been considered and placed in the application file.
Specification
3. The disclosure is objected to because of the following informalities: Page 21, line 26 “15 with binder” should be - - with binder - -.
Drawings
4. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
reference character (344) in Figure 44C has been used to designate both terminal (344) and controller (345), see controller (345) in Figures 44A, and Specification page 41, lines 23-35;
reference character (354) in Figure 44C has been used to designate both cable (354) and pad (see pad 354, Figure 44C), (see Specification page 41, lines 25-27; and see Specification page 42, lines 1-3, i.e., pad 354 in Fig. 44C should be 654).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
6. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of US Patent No.12317023. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of each other.
US Patent No. 12317023
Instant Application No. 19029356
1. A fiber-based earbud, comprising:
a speaker;
woven fibers that form a fiber-based housing for the speaker, wherein the fiber-based housing comprises a first region through which sound passes from the speaker and a second region that forms a fiber-based tube; and
an input device in the tube that is configured to detect squeeze input on the fiber-based tube.
8. The fiber-based earbud defined in claim 1 wherein the input device comprises a capacitive electrode.
9. The fiber-based earbud defined in claim 8 wherein the woven fibers comprise a conductive fiber that forms the capacitive electrode.
1. An electronic device, comprising:
a fiber-based housing formed from intertwined fibers, wherein the intertwined fibers include at least one conductive fiber that forms a capacitive electrode configured to receive user input; and
a speaker configured to emit sound through the fiber-based housing.
16. A fiber-based earbud, comprising:
interlaced fibers having a rounded portion and a fiber-based cylindrical portion extending from the rounded portion;
a speaker mounted in the rounded portion and configured to emit sound; and
a user input device in the fiber-based cylindrical portion and configured to detect user input on the fiber-based cylindrical portion.
2. The electronic device defined in claim 1 wherein the fiber-based housing has a curved surface.
18. The fiber-based earbud defined in claim 16 wherein the user input device is selected from the group consisting of: an electrical switch and a capacitive sensor.
19. The fiber-based earbud defined in claim 18 wherein the interlaced fibers comprise conductive fibers that form at least part of the user input device.
3. The electronic device defined in claim 2 wherein the capacitive electrode is formed on the curved surface.
1. A fiber-based earbud, comprising:
a speaker;
woven fibers that form a fiber-based housing for the speaker, wherein the fiber-based housing comprises a first region through which sound passes from the speaker and a second region that forms a fiber-based tube; and
an input device in the tube that is configured to detect squeeze input on the fiber-based tube.
4. The electronic device defined in claim 1 wherein the fiber-based housing has a region that is transparent to sound and wherein the speaker is configured to emit the sound through the region.
4. The fiber-based earbud defined in claim 3 wherein the woven fibers are more densely packed together in the second region than the first region.
5. The electronic device defined in claim 4 wherein the intertwined fibers have a lower density in the region relative to other regions of the fiber-based housing.
2. The fiber-based earbud defined in claim 1 further comprising binder that binds the woven fibers together, wherein the first region has less binder than the second region.
6. The electronic device defined in claim 4 wherein the fiber-based housing comprises binder and wherein the region has less of the binder relative to other regions of the fiber-based housing.
3. The fiber-based earbud defined in claim 1 wherein the fiber-based tube is rigid.
7. The electronic device defined in claim 1 wherein the fiber-based housing has a region that is more stiff than other regions of the fiber-based housing.
4. The fiber-based earbud defined in claim 3 wherein the woven fibers are more densely packed together in the second region than the first region.
8. The electronic device defined in claim 7 wherein the intertwined fibers have a higher density in the region relative to other regions of the fiber-based housing.
2. The fiber-based earbud defined in claim 1 further comprising binder that binds the woven fibers together, wherein the first region has less binder than the second region.
9. The electronic device defined in claim 7 wherein the fiber-based housing comprises binder and wherein the region has more of the binder relative to other regions of the fiber-based housing.
1. A fiber-based earbud, comprising:
a speaker;
woven fibers that form a fiber-based housing for the speaker, wherein the fiber-based housing comprises a first region through which sound passes from the speaker and a second region that forms a fiber-based tube; and
an input device in the tube that is configured to detect squeeze input on the fiber-based tube.
10. The electronic device defined in claim 1 wherein the fiber-based housing has an earbud shape.
16. A fiber-based earbud, comprising:
interlaced fibers having a rounded portion and a fiber-based cylindrical portion extending from the rounded portion;
a speaker mounted in the rounded portion and configured to emit sound; and
a user input device in the fiber-based cylindrical portion and configured to detect user input on the fiber-based cylindrical portion.
18. The fiber-based earbud defined in claim 16 wherein the user input device is selected from the group consisting of: an electrical switch and a capacitive sensor.
19. The fiber-based earbud defined in claim 18 wherein the interlaced fibers comprise conductive fibers that form at least part of the user input device.
11. An electronic device, comprising:
a curved fiber-based housing formed from intertwined fibers, wherein the intertwined fibers include at least one conductive fiber that forms a sensor configured to gather user input; and
a speaker configured to emit sound through the curved fiber-based housing.
18. The fiber-based earbud defined in claim 16 wherein the user input device is selected from the group consisting of: an electrical switch and a capacitive sensor.
19. The fiber-based earbud defined in claim 18 wherein the interlaced fibers comprise conductive fibers that form at least part of the user input device.
12. The electronic device defined in claim 11 wherein the sensor extends around a diameter of the curved fiber-based housing.
18. The fiber-based earbud defined in claim 16 wherein the user input device is selected from the group consisting of: an electrical switch and a capacitive sensor.
13. The electronic device defined in claim 11 wherein the sensor is selected from the group consisting of: a capacitive sensor and an electrical switch.
20. The fiber-based earbud defined in claim 16 wherein the interlaced fibers are more densely packed together in the fiber-based cylindrical portion than the rounded portion.
14. The electronic device defined in claim 11 wherein the curved fiber-based housing has first and second regions and wherein the first region has a lower density of the intertwined fibers than the second region.
2. The fiber-based earbud defined in claim 1 further comprising binder that binds the woven fibers together, wherein the first region has less binder than the second region.
15. The electronic device defined in claim 11 wherein the curved fiber-based housing comprises binder in first and second regions and wherein the first region has less of the binder than the second region.
16. A fiber-based earbud, comprising:
interlaced fibers having a rounded portion and a fiber-based cylindrical portion extending from the rounded portion;
a speaker mounted in the rounded portion and configured to emit sound; and
a user input device in the fiber-based cylindrical portion and configured to detect user input on the fiber-based cylindrical portion.
18. The fiber-based earbud defined in claim 16 wherein the user input device is selected from the group consisting of: an electrical switch and a capacitive sensor.
19. The fiber-based earbud defined in claim 18 wherein the interlaced fibers comprise conductive fibers that form at least part of the user input device.
16. An electronic device, comprising:
a fiber-based housing that forms at least part of a sphere, wherein the fiber-based housing comprises intertwined fibers including at least one conductive fiber and wherein the at least one conductive fiber forms a capacitive sensor on the fiber-based housing; and
a speaker configured to emit sound through the fiber-based housing.
18. The fiber-based earbud defined in claim 16 wherein the user input device is selected from the group consisting of: an electrical switch and a capacitive sensor.
19. The fiber-based earbud defined in claim 18 wherein the interlaced fibers comprise conductive fibers that form at least part of the user input device.
17. The electronic device defined in claim 16 wherein the capacitive sensor extends around a diameter of the fiber-based housing.
1. A fiber-based earbud, comprising:
a speaker;
woven fibers that form a fiber-based housing for the speaker, wherein the fiber-based housing comprises a first region through which sound passes from the speaker and a second region that forms a fiber-based tube; and
an input device in the tube that is configured to detect squeeze input on the fiber-based tube.
18. The electronic device defined in claim 16 wherein the fiber-based housing comprises first and second regions and wherein the first region has greater sound transparency than the second region.
20. The fiber-based earbud defined in claim 16 wherein the interlaced fibers are more densely packed together in the fiber-based cylindrical portion than the rounded portion.
19. The electronic device defined in claim 18 wherein the intertwined fibers are less densely intertwined in the first region than in the second region.
2. The fiber-based earbud defined in claim 1 further comprising binder that binds the woven fibers together, wherein the first region has less binder than the second region.
20. The electronic device defined in claim 18 wherein the fiber-based housing comprises binder and wherein the first region has less of the binder than the second region.
7. Regarding claims 1-20, claims 1-20 of US Patent No. 12317023 teaches the limitations of claims 1-20 with wording variations which are similar in scope, as highlighted above.
Allowable Subject Matter
8. Claims 1-20 would be allowable if overcome the nonstatutory double patenting rejections set forth in this Office Action.
Regarding independent Claim 1, the closest prior art such as US 5825902, US 6098743, US 20060233413 (cited by Applicant, IDS US Patent # 20), US 20070036383 (cited by Applicant, IDS US Patent Application Publication # 1), US 20080050550, and EP 1927825 alone or in combination fails to teach an electronic device, comprising: a fiber-based housing formed from intertwined fibers, wherein the intertwined fibers include at least one conductive fiber that forms a capacitive electrode configured to receive user input,
in combination with other limitations, as specified in the independent claim 1.
Claims 2-10 are allowable by virtue of their dependency from claim 1.
Regarding independent Claim 11, the closest prior art such as US 5825902, US 6098743, US 20060233413 (cited by Applicant, IDS US Patent # 20), US 20070036383 (cited by Applicant, IDS US Patent Application Publication # 1), US 20080050550, and EP 1927825 alone or in combination fails to teach an electronic device, comprising: a curved fiber-based housing formed from intertwined fibers, wherein the intertwined fibers include at least one conductive fiber that forms a sensor configured to gather user input,
in combination with other limitations, as specified in the independent claim 11.
Claims 12-15 are allowable by virtue of their dependency from claim 11.
Regarding independent Claim 16, the closest prior art such as US 5825902, US 6098743, US 20060233413 (cited by Applicant, IDS US Patent # 20), US 20070036383 (cited by Applicant, IDS US Patent Application Publication # 1), US 20080050550, and EP 1927825 alone or in combination fails to teach an electronic device, comprising: a fiber-based housing that forms at least part of a sphere, wherein the fiber-based housing comprises intertwined fibers including at least one conductive fiber and wherein the at least one conductive fiber forms a capacitive sensor on the fiber-based housing,
in combination with other limitations, as specified in the independent claim 16.
Claims 17-20 are allowable by virtue of their dependency from claim 16.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inventor
Publication
Number
Disclosure
Fujishima
US Patent
5825902
FIG. 1 shows a spherical piezoelectric speaker 50 according to one preferred embodiment of the present invention (see col. 2, lines 59-60).
McGrath
US Patent
6098743
It will be apparent to the skilled artisan that by incorporating various layers of different densities over a controlled radius profile, the present diffuser creates a diffuse sound field that scatters sound in a wide range of frequencies to avoid undesirable sound image localization (see col. 9, lines 31-35).
Nam
US Patent Application Publication
20060233413
Referring to FIG. 1, an earphone system according to the present invention includes a capacitance sensor 200 installed on an earpiece 100, a removal sensing unit 300 for detecting a sensing signal output from the capacitance sensor 200 and determining whether the earpiece 100 has been inserted into or removed from the ear of a user for a predetermined period of time or longer (see Fig. 1, paragraph [0016]).
Romero
US Patent Application Publication
20070036383
In a highly preferred embodiment, earbud protector 102 is preferably constructed from at least one woven elastic textile fabric, preferably comprising at least one made-made (synthetic) fiber. Woven fabric embodiments of earbud protector 102 more preferably comprise an elastic Spandex Fiber (Elastane) (see Fig. 6, paragraph [0063]).
Orth
US Patent Application Publication
20080050550
This invention pertains generally to controllers for electronic and electrical devices and more specifically to capacitive touch controllers having sensing electrodes that are made with tufted, lofted, piled, fuzzy, or other conductive yarn or fibers and which are useful in many different applications, e.g., toys, appliances, lamps, computer games, and medical devices (see paragraph [0002]).
Chabach et al.
EP
1927825 A1
The textile capacitive sensor electrode as claimed in claim 1 wherein said fabric comprises a nonwoven fabric and/or a knitted fabric and/or a woven fabric (see claim 2, col. 7, lines 9-11).
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/C.P.T/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
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