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 .
Claim Objections
Claim 3 objected to because of the following informalities: Claim 3 does not end in a period. Claim 3 ends with “; and” and appears incomplete. For the purpose of examination, Claim 3 will be interpreted as follows: “An in-ear monitor apparatus comprising: an electro-acoustic module comprising: an audio driver comprising: a front port configured to pass a front wave generated by the audio driver; and a rear port configured to pass a back wave generated by the audio driver to an internal back wave volume; a connector coupled to the audio driver; an internal sleeve defining: a receptacle configured to receive and retain the electro-acoustic module; and a nozzle: extending between the receptacle and an audio outlet; and configured to pass the front wave from the receptacle to the audio outlet; and a housing: configured to contain the electro-acoustic module and the internal sleeve; defining: an input aperture configured to receive and locate the connector proximal an input region of the housing; and an output aperture configured to: receive and locate the audio outlet of the internal sleeve proximal an output region of the housing; and locate proximal an ear of a user; cooperating with an external surface of the internal sleeve to define the internal back wave volume: extending annularly about the internal sleeve; and mechanically isolated from the nozzle by the internal sleeve.”. Appropriate correction is required.
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) 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alwicker et al. (US 20120008814 A1).
Regarding Claim 3, Alwicker teaches: An in-ear monitor apparatus (Figs. 3-10) comprising: an electro-acoustic module (Figs. 3-4) comprising: an audio driver ([0053]: “Shown in FIGS. 3 and 4, is a balanced armature motor assembly, which generally consists of an armature 156, upper and lower magnets 158A, 158B, a pole piece 160, a bobbin 162, a coil 164, a drive pin 174, and a flex board 167. The magnets 158A, 158B can be secured to the pole piece 160 by one or more welds made between the magnets 158A, 158B and pole piece 160 while the magnets 158A, 158B are held into place by one or more glue dots 182. The flex board 167 is a flexible printed circuit board that mounts to the bobbin 162 and the free ends of the wire forming the coil 164 are secured to the flex board 167”) comprising: a front port configured to pass a front wave generated by the audio driver; and a rear port configured to pass a back wave generated by the audio driver to an internal back wave volume (from the Figures, it is apparent vibration of reed would generate a front ported acoustical wave at both area adjacent 174 and also via coupled paddle 252, see Fig. 6. Additionally, a rear wave would also be generated via open air to rear of 156 near 164); a connector coupled to the audio driver ([0055]: “The electrical input signal is routed to the flex board 167 via a signal cable comprised of two conductors.”); an internal sleeve (Fig. 6: 210 together with 201) defining: a receptacle configured to receive and retain the electro-acoustic module (as shown, elements 150, 252 are received within 210, 201); and a nozzle: extending between the receptacle and an audio outlet (nozzle 212); and configured to pass the front wave from the receptacle to the audio outlet (nozzle 212 would function to carry the output audio wave to the audio outlet of 302B, Fig. 10B); and a housing (Fig. 10B: housing consisting of 300, 302A, 302B, 313): configured to contain the electro-acoustic module and the internal sleeve (as shown); defining: an input aperture configured to receive and locate the connector proximal an input region of the housing (such as via 313, see further [0060]: “A plastic sheath component 313 for a signal cable (not shown) can be mounted between the outer cover 302A and the primary case portion 302B. A sleeve (not shown) formed of foam, silicone, or other known suitable materials can be placed on the nozzle 312. The sleeve may be used to create a seal between the nozzle 312 and the listener's ear during use.”); and an output aperture configured to: receive and locate the audio outlet of the internal sleeve proximal an output region of the housing (shown adjacent 312 as centrally located opening in 302B); and locate proximal an ear of a user (inherent); cooperating with an external surface of the internal sleeve to define the internal back wave volume: extending annularly about the internal sleeve (302A, 302B annularly capture 310, 301, 312 and form a volume therein); and mechanically isolated from the nozzle by the internal sleeve (302A, 302B, capturing 310, 301, 312 would necessarily mechanically isolate back volume internal to 310, 301 from nozzle 312; see also [0060]: “A sleeve (not shown) formed of foam, silicone, or other known suitable materials can be placed on the nozzle 312. The sleeve may be used to create a seal between the nozzle 312 and the listener's ear during use.” Such a further sleeve would further isolate the back volume from the nozzle).
Claims 1-2 allowed. The following is an examiner’s statement of reasons for allowance: The prior art of record provides for several examples of ported drivers for in ear applications. See for example Christiansen (US 20250071468 A1), Fig. 2, elements 38, 44, 24 and associated connector 30, 34). However, Christiansen either alone or in combination with above Alwicker, does not specifically teach with respect to Claim 1: An in-ear monitor apparatus comprising: an electro-acoustic module comprising: an audio driver comprising a front port configured to pass a front wave generated by the audio driver; a printed circuit board coupled to the audio driver and comprising:- a rear port configured to pass a back wave generated by the audio driver to an internal back wave volume; and- a set of solder pads arranged proximal the rear port; and a connector coupled to the set of solder pads; an internal sleeve defining: a receptacle configured to receive and retain the electro-acoustic module; and a nozzle: extending between the receptacle and an audio outlet; and configured to pass the front wave from the receptacle to the audio outlet; and a housing: configured to contain the electro-acoustic module and the internal sleeve; defining:- an input aperture configured to receive and locate the connector proximal an input region of the housing; and an output aperture configured to: receive and locate the audio outlet of the internal sleeve proximal an output region of the housing; and " locate proximal an ear of a user; cooperating with an external surface of the internal sleeve to define the internal back wave volume:- extending annularly about the internal sleeve; and- mechanically isolated from the nozzle by the internal sleeve; and defining a back wave aperture:- opposite the audio outlet;- intersecting the internal back wave volume; and- configured to pass the back wave out of the housing.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW A EASON whose telephone number is (571)270-7230. The examiner can normally be reached M-F 7:30AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Eason can be reached at (571) 270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW A EASON/Supervisory Patent Examiner, Art Unit 2624
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