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 .
Status of Claim
Claims 1-9 and 18 are rejected
Claims 10-17 and 19-20 are objected to
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US PUB 20210127193, hereinafter Li93).
Regarding Claim 1, Li93 discloses an earphone (see at least the abstract) comprising: a housing assembly (e.g. a housing assembly 20) provided with a first accommodating cavity (e.g. first accommodation space 271) and including a connecting portion (e.g. a connecting portion 21) the connecting portion being provided with a socket (e.g. a socket 22) extending along a first direction, a speaker (e.g. a sound generator 51) disposed in the first accommodating cavity (see figures 2 and 7), the socket including a first channel and a second channel, wherein the first accommodating cavity, the first channel, and the second channel are sequentially connected and a first abutment surface is disposed at a transition between the first channel and the second channel, the first abutment surface being inclined to the first direction (see figures 5-6), and an ear hook assembly (e.g. an ear hook 10) including a first connecting end, wherein the first connecting end includes a plug portion (e.g. a first connecting end with a plug end 14), (see figures 3-4), the plug portion is inserted into the socket and includes a second abutment surface (e.g. a second abutment surface 1422) and an annular surface (e.g. annular surface 1423), (see figures 4 and 6); the annular surface extends from an inner edge of the second abutment surface toward the first abutment surface, and the second abutment surface is disposed to face the first abutment surface (see Li93, [0061]-[0062], [0086]-[0089], [0096]-[0097], and [0101], also figures 2-6).
Li93 does not explicitly disclose that the second abutment surface inclined to the first direction. However, it would have been obvious to any person having an ordinary skill in the art to configure the shape of the second abutment surface to be inclined to the first direction if so desired, since it has been held that the configuration (shape) of a claimed element was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration (shape) of the element was significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)); (see MPEP 2144.04 IV B).
Regarding Claim 2, Li93 discloses the earphone of claim 1, wherein the first abutment surface, the second abutment surface, and the annular surface form an annular gap (see Li93, figures 5-6).
Regarding Claim 3, Li93 discloses the earphone of claim 2, wherein the plug portion includes a plug main body portion and a first convex platform extending from the plug main body portion toward the first abutment surface, the plug main body portion includes the second abutment surface, and the first convex platform includes the annular surface; and the first convex platform further includes a third abutment surface inclined to the first direction, the third abutment surface being abutted against the first abutment surface (see Li93, [0088]-[0091], and [0098], also figures 3-4).
Regarding Claim 4, Li93 discloses the earphone of claim 3, wherein the third abutment surface, the annular surface, and the second abutment surface are arranged in a stepped shape (see Li93, figures 3-4).
Regarding Claim 5, Li93 discloses the earphone of claim 1, wherein the first connecting end further includes a buckle portion (e.g. elastic hook portion 143), the buckle portion extending from the plug portion into the first accommodating cavity and engaging with the housing assembly for buckle fit (see Li93, [0090], also figures 3 -5).
Regarding Claim 6, Li93 discloses the earphone of claim 5, wherein the buckle portion includes an elastic arm and a locking block, the elastic arm extends from the plug portion and is located within the first channel, the locking block is positioned at an end of the elastic arm and extends laterally with respect to the elastic arm, and the locking block engages with a wall surface of the first accommodating cavity for blocking fit (see Li93, [0088]-[0091], and [0098], also figures 3-4).
Regarding Claim 7, Li93 discloses the earphone of claim 1, wherein the first abutment surface includes a portion perpendicular to the first direction; and/or the second abutment surface includes a portion perpendicular to the first direction (see Li93, figures 5-6).
Regarding Claim 8, Li93 discloses the earphone of claim 1, wherein the annular surface extends in a direction parallel to the first direction toward the first abutment surface (see Li93, figures 5-6).
Regarding Claim 9, Li93 discloses the earphone of claim 1, further comprising a flexible member (e.g. a flexible protective sleeve 16), the flexible member being disposed on a periphery of the annular surface and positioned between the second abutment surface and the first abutment surface (see Li93, [0093] and figures 2 and 6).
Regarding Claim 18, Li93 discloses the earphone of claim 1, further comprising a main housing (e.g. circuit housing 30), a sealing cover and a decorative cover (e.g. a sheath cover 17 that serves as both sealing and decorative cover for the housing 30), wherein the main housing is configured to form an accommodating space with at least one open end (see figure 2), the sealing cover is configured to cover the at least one open end and is in sealing cooperation with the main housing; and the decorative cover is connected to the main housing and covers an exterior of the sealing cover (see Li93, [0061], [0070], and [0112], also figures 2 and 5).
Allowable Subject Matter
Claims 10-17 and 19-20 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OYESOLA C OJO whose telephone number is (571)272-0848. The examiner can normally be reached Monday through Friday 8:00am to 4:00pm Central Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at 571-272-7840. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OYESOLA C OJO/Primary Examiner, Art Unit 2695.
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