Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13, 18 of U.S. Patent No.10771880B1. Although the claims at issue are not identical, they are not patentably distinct from each other because although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the pending application are similar in scope with few obvious wording variations as below.
Current Application: 19044437
US10771880B1
1. An earbud comprising: a device housing including a speaker housing and a second housing portion protruding away from the speaker housing; an audio port formed through the speaker housing; a mesh screen disposed across the audio port; a speaker disposed in the speaker housing and aligned to emit sound through the audio port; a microphone port formed at an exterior surface of the device housing; a microphone operatively coupled to receive sound through the microphone port; an acoustic vent formed through the device housing to provide a path for acoustic pressure to vent; a rechargeable battery disposed within the device housing; a wireless antenna disposed within the device housing; wireless circuitry coupled to the wireless antenna and configured to input and output radio frequency signals for wireless communications; a user-interface touch control disposed on the device housing and operable to control a function of the earbud; and battery charging circuitry coupled to the rechargeable battery and positioned within the device housing, the battery charging circuitry operable to charge the rechargeable battery when coupled to receive power from an external power source.
1. An earbud comprising: a device housing including a speaker housing and an elongated tube integrally formed with and protruding away from the speaker housing; an audio port formed through the speaker housing; a mesh screen disposed across the audio port; a speaker disposed in the speaker housing and aligned to emit sound through the audio port; a microphone port formed at a distal end of the elongated tube; a microphone disposed in the elongated tube and operatively coupled to receive sound through the microphone port; an acoustic vent formed through the speaker housing to provide a path for acoustic pressure to vent; a rechargeable battery disposed within the device housing; a wireless antenna disposed within the device housing; a user-interface touch control disposed on the device housing and operable to control a function of the earbud; battery charging circuitry coupled to the rechargeable battery and positioned within the device housing, the battery charging circuitry configured to charge the rechargeable battery when connected to an external power supply; and a plurality of electrical contacts disposed at an exterior surface of the device housing, the plurality of electrical contacts including at least one contact coupled to the battery charging circuitry and configured to receive electrical power from an external power supply.
2. Claims 1-15, 18 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13, 18 of U.S. Patent No.11336985B1. Although the claims at issue are not identical, they are not patentably distinct from each other because although the claims at issue are not identical, they are not patentably distinct from each other because although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the pending application are similar in scope with few obvious wording variations as below.
Current Application: 19044437
US (11336985B2)
An earbud comprising: a device housing including a speaker housing and a second housing portion protruding away from the speaker housing; an audio port formed through the speaker housing; a mesh screen disposed across the audio port; a speaker disposed in the speaker housing and aligned to emit sound through the audio port; a microphone port formed at an exterior surface of the device housing; a microphone operatively coupled to receive sound through the microphone port; an acoustic vent formed through the device housing to provide a path for acoustic pressure to vent; a rechargeable battery disposed within the device housing; a wireless antenna disposed within the device housing; wireless circuitry coupled to the wireless antenna and configured to input and output radio frequency signals for wireless communications; a user-interface touch control disposed on the device housing and operable to control a function of the earbud; and battery charging circuitry coupled to the rechargeable battery and positioned within the device housing, the battery charging circuitry operable to charge the rechargeable battery when coupled to receive power from an external power source.
15. An in-ear listening device comprising: a device housing; an audio port formed through the device housing; a speaker disposed in the speaker housing and aligned to emit sound through the audio port; a microphone aperture positioned at an external surface of the device housing; a microphone disposed within the device housing and operatively coupled to receive sound through the microphone aperture; a rechargeable battery disposed within the device housing; a wireless antenna disposed within the device housing; a user-interface touch control region disposed on the device housing and operable to control a function of the in-ear listening device; battery charging circuitry coupled to the rechargeable battery and positioned within the device housing; and a power receiving interface coupled to the battery charging circuitry and operable to receive electrical power from an external power source.
1. An earbud comprising: a device housing including a speaker housing and an elongated tube comprising a radio transparent material and integrally formed with and protruding away from the speaker housing; an audio port formed through the speaker housing; a mesh screen disposed across the audio port; a speaker disposed in the speaker housing and aligned to emit sound through the audio port; a microphone port formed at a distal end of the elongated tube; a microphone disposed in the elongated tube and operatively coupled to receive sound through the microphone port; an acoustic vent formed through the speaker housing to provide a path for acoustic pressure to vent; a rechargeable battery disposed within the device housing; a wireless antenna disposed within the device housing; wireless circuitry coupled to the wireless antenna and configured to input and output radio frequency signals for wireless communications; a user-interface touch control disposed on the device housing and operable to control a function of the earbud; and battery charging circuitry coupled to the rechargeable battery and positioned within the device housing, the battery charging circuitry operable to charge the rechargeable battery when coupled to receive power from an external power source.
2. The earbud of claim 1 wherein the wireless antenna is disposed within the elongated tube.
14. An in-ear listening device comprising: a device housing having a speaker housing and a stem extending away from the speaker housing; an audio port formed through the speaker housing; a speaker disposed in the speaker housing and aligned to emit sound through the audio port; a microphone aperture positioned on the stem; a microphone disposed within the stem and operatively coupled to receive sound through the microphone aperture; a rechargeable battery disposed within the device housing; a wireless antenna disposed within the device housing; a user-interface touch control region disposed on the device housing and operable to control a function of the in-ear listening device; battery charging circuitry coupled to the rechargeable battery and positioned within the device housing; and a power receiving interface coupled to the battery charging circuitry and operable to receive electrical power from an external power source.
Prior Arts
The closest prior art to Moller (US20110299713) teaches housing enclosing a folded substrate comprising a number of interconnected electronic components including a Loudspeaker (receiver) unit for presenting an acoustic output signal to user via a Loudspeaker outlet attached to or forming part of a flexible Dome element for locating the hearing aid in an ear canal of a user. In practice, other components (e.g. discrete or integrated circuit components) in addition to the Loudspeaker (receiver) unit are typically located on the Folded substrate. [0074].Moller teaches FIGS. 3-a-c show an embodiment of a folded substrate shaped to follow the fixed outer contour of a battery, substrate and battery being a part of a portable electronic device, as e.g. illustrated in FIG. 1a (parts Folded substrate and Battery)[0068], Figures 3a-3c and [0074] teaches The Housing further encloses a Battery for energizing the components of the hearing aid enclosed in the Housing. Further, on [0017] teaches the portable electronic device comprises an electric interface (e.g. a wired or wireless) to another device or a network. [0017].
Bae (US 20040048640) teaches a rechargeable battery (not shown) positioned within compartment 44. The battery used in one embodiment of the present invention is a rechargeable battery of a type and chemistry generally known in the art, e.g., any lithium-ion battery or the like. The headset can include contacts 45, as illustrated in FIG. 1, for engaging a charging device (not shown), which can be part of the base unit 60 (illustrated in FIGS. 9 and 10) to recharge the battery while contained in the battery compartment 44. The battery pack 18 can be designed such that it can be removed from the headset casing 12 and recharged separate from the headset 10. [0042].
Sheehy (US20060140435) on [0021] and Figures 1 The communication device 140 includes a controller 146. The controller 146 is coupled to a user interface 148, a wireless communication circuit 144, a transmitter 168, and a receiver 170. Other parts of the communication device 140, such as a battery, are known to those of ordinary skill in the art and are not illustrated for the sake of simplicity. [0023] The user interface 148 of the communication device 140 can include a speaker 160, a microphone 162, a display 164, and a keypad 166, for example. In a manner well known to those of ordinary skill in the art, the speaker 160 and the microphone 162 of the communication device 140 can be disabled when the headset 110 is being used. Since the user interface includes a keypad, it teaches the “user interface touch control”. The prior arts fails to anticipate or render the independent claims obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 5712727503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691
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