DETAILED ACTION
The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691.
This communication is responsive to the claims filed 01/27/2025.
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,284,475. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. 12,284,475 are similar in scope to the rejected claims 1-20 of the U. S. Pat. App (No. 19/038,479) with only obvious wording variations. For example:
U. S. Pat. App No. 19/038,479
U.S. Patent No. 12,284,475
1. A wireless earbud comprising: an earbud housing that defines an interior cavity; a nozzle extending away from the earbud housing portion and defining an audio port that opens to the interior cavity; an audio driver disposed within the interior cavity and aligned to emit sound through the audio port; a deformable earbud tip having a central opening fitted over the nozzle; a microphone; an active noise cancellation system configured to counter audio picked up by the microphone; a wireless antenna disposed in the earbud housing; wireless circuitry configured to establish a wireless communication link with a host device over the wireless antenna; a processor disposed in the earbud housing and coupled to the wireless circuitry, the processor configured to process audio content received from the wireless circuitry and deliver the processed audio content to the audio driver for output through the nozzle; and a battery disposed in the earbud housing and configured to provide power to circuitry within the earbud housing.
1. A wireless in-ear headphone comprising: a device housing that defines an interior cavity; a nozzle extending away from the device housing and defining an audio port that opens to the interior cavity; a deformable ear tip having a central opening fitted over the nozzle; an audio driver disposed within the device housing and aligned to emit sound through the audio port; a wireless antenna and wireless circuitry disposed within the device housing, the wireless circuitry configured to establish a wireless communication link with a host device over the wireless antenna; a microphone; an active noise cancellation system configured to generate destructive interference waves to counter audio picked up by the microphone; a button control disposed at an exterior surface of the device housing and configured to receive a user input; a controller disposed within the device housing and operatively coupled to the wireless circuitry and to the button control, wherein the controller is configured to process audio content received from the wireless circuitry and deliver the processed audio content to the audio driver for output through the nozzle, and wherein the controller is further configured to adjust a setting of the in-ear headphone in response to the button control; a battery disposed in the device housing and configured to provide power to circuitry within the device housing; and a plurality of electrical contacts disposed along a surface of the device housing and electrically coupled to the battery to enable the battery to be charged from an external power source.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,930,313. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. 11,930,313 are similar in scope to the rejected claims 1-20 of the U. S. Pat. App (No. 19/038,479) with only obvious wording variations.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,265,638. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. 11,265,638 are clearly anticipated or similar in scope to the rejected claims 1-20 of the U. S. Pat. App (No. 19/038,479) with only obvious wording variations.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,841,683. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. 10,841,683 are clearly anticipated or similar in scope to the rejected claims 1-20 of the U. S. Pat. App (No. 19/038,479) with only obvious wording variations.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 10,694,276. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-18 of U.S. Patent No. 10,694,276 are clearly anticipated or similar in scope to the rejected claims 1-20 of the U. S. Pat. App (No. 19/038,479) with only obvious wording variations.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 10,582,284. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-13 of U.S. Patent No. 10,582,284 are clearly anticipated or similar in scope to the rejected claims 1-20 of the U. S. Pat. App (No. 19/038,479) with only obvious wording variations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm.
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/SUHAN NI/Primary Examiner, Art Unit 2691
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