Prosecution Insights
Last updated: October 04, 2026
Application No. 19/172,731

ELECTRONIC DEVICE

Non-Final OA §102§103
Filed
Apr 08, 2025
Priority
Apr 19, 2024 — JP 2024-067859 +1 more
Examiner
MCKINNEY, ANGELICA M
Art Unit
Tech Center
Assignee
Onkyo Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
439 granted / 515 resolved
+25.2% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
21 currently pending
Career history
526
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
53.0%
+13.0% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
16.1%
-23.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 515 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: ELECTRONIC DEVICE INCLUDES VIBRATION SOURCE POSITION BEHIND AN EAR. Claim Rejections - 35 USC § 102 3. 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 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. 4. 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. 5. Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (Hereinafter Zhang) US-PG-PUB No. 2024/0201520. Regarding claim 1, Zhang teaches An electronic device (Figs. 1-3 show a smart wearable glasses 100) comprising: a first vibration element (Figs. 1-5 show a vibration unit 3) having a contact surface (Fig. 5 shows a bone conduction contact portion 31); and a second vibration element (Fig. 3 shows a left vibration unit 3), wherein the first vibration element (i.e. vibration unit 3) and the second vibration element (i.e. left vibration unit 3) are connected in a reverse phase (Para. [0083], Lines 1-11). Regarding claim 2, Zhang teaches The electronic device according to claim 1, wherein the first vibration element (i.e. vibration unit 3) and the second vibration element (i.e. left vibration unit 3) are arranged opposed to each other as shown in Fig. 3, an opposed surface side of the first vibration element (i.e. vibration unit 3) and the second vibration element (i.e. left vibration unit 3) is sealed as shown in Fig. 2, and a surface which is opposite to the opposed surface of the first vibration element (i.e. vibration unit 3) and the second vibration element (i.e. left vibration unit 3) is open as shown in Fig. 2. Regarding claim 3, Zhang teaches The electronic device according to claim 1, wherein each of the first vibration element (i.e. vibration unit 3) and the second vibration element (i.e. left vibration unit 3) is a flat and substantially cuboid shape as shown in Fig. 5 and a maximum surface of the first vibration element (i.e. vibration unit 3) is a contact surface as shown in Fig. 5. Regarding claim 4, Zhang teaches The electronic device according to claim 1, wherein the first vibration element (i.e. vibration unit 3) and the second vibration element (i.e. left vibration unit 3) are arranged in close proximity and opposed to each other as shown in Fig. 3. 6. Claim 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hosoi et al. (Hereinafter Hosoi) US-PG-PUB No. 2021/0294127. Regarding claim 14, Hosoi teaches An electronic device (Fig. 7 shows a hearing device 1d) comprising: a first enclosure (Fig. 7 shows a temple tip 25) which contacts a root of an ear in a wearing state as shown in Fig. 7; a vibration source (Fig. 7 shows a vibrator 10b); a second enclosure (Fig. 7 shows an enclosure holding the vibrator 10b) which holds the vibration source (i.e. vibrator 10b) as shown in Fig. 7; and a connection part (Fig. 7 shows a hinge 80) which rotatably connects the first enclosure (i.e. temple tip 25) and the second enclosure (i.e. enclosure holding the vibrator 10b) as shown in Fig. 7 and Para. [0104], Lines 1-6, wherein the connection part (i.e. hinge 80) rotates the vibration source (i.e. vibrator 10b) from a first position to a second position which is a using position and from the second position to the first position as shown in Fig. 7, and the second position is positioned at an inner side than the first position in the wearing state as shown in Fig. 7 and Para. [0102], Lines 1-9. Claim Rejections - 35 USC § 103 7. 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 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. 8. 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 of this title, 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. 9. Claims 5-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Hosoi et al. (Hereinafter Hosoi) US-PG-PUB No. 2021/0294127. Regarding claim 5, Zhang teaches all the features with respect to claim 1 as outlined above. Zhang teaches a first enclosure (Fig. 1 shows temples 2) configured to contact a root of an ear in a wearing state as shown in Fig. 1; a vibration source (Fig. 1 shows a vibration unit 3) having the first vibration element (Fig. 1 shows a vibrator 32) and the second vibration element (Fig. 1 shows vibration conduction layer 33). Zhang does not explicitly teach that a second enclosure configured to hold the vibration source; and a connection part configured to rotatably connect the first enclosure and the second enclosure. Hosoi teaches in Fig. 7 shows an enclosure configured to hold a vibrator 10b; and a hinge 80 configured to rotatably connect a temple tip 25 and the enclosure configured to hold the vibrator 10b as shown in Fig. 7 and Para. [0104], Lines 1-6. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify the electronic device of Zhang to include the connection part configured to rotatably connect the first enclosure and the second enclosure, as taught by Hosoi. The advantage of such modification will allow the electronic device to easy to wear and can kept the vibration source in firm contact with the back of the ear. Regarding claim 6, the combination of Zhang and Hosoi teach all the features with respect to claim 5 as outlined above. Hosoi teaches that the connection part (i.e. hinge 80) rotates the vibration source (i.e. vibrator 10b) from a first position to a second position which is a position in a using state and from the second position to the first position as shown in Fig. 7, and the second position is an inner side of an ear in a wearing state than the first position as shown in Fig. 7 and Para. [0102], Lines 1-9. Regarding claim 7, the combination of Zhang and Hosoi teach all the features with respect to claim 5 as outlined above. Hosoi teaches that the connection part (i.e. hinge 80) is positioned above an auricle as shown in Fig. 7. Regarding claim 8, the combination of Zhang and Hosoi teach all the features with respect to claim 5 as outlined above. Hosoi teaches that the two first enclosure (i.e. two temple tips 25) as shown in Fig. 1; the two vibration sources (i.e. two vibrators 10b in each enclosure holding the vibrator 10b); the two second enclosure (.i.e. two enclosure holding the vibrator 10b connected to each temple tip 25); and the two connection parts (i.e. two hinges 80 connected to each temple tip 25), wherein a distance between the two vibration sources (i.e. two vibrators 10b in each enclosure holding the vibrator 10b) at the second position is narrower than a distance between the two vibration sources at the first position as shown in Fig. 7. Regarding claim 9, the combination of Zhang and Hosoi teach all the features with respect to claim 8 as outlined above. Hosoi teaches that the distance between the two vibration sources (i.e. two vibrators 10b in each enclosure holding the vibrator 10b) at the first position is wider than the distance between the two vibration sources (i.e. two vibrators 10b in each enclosure holding the vibrator 10b) at the second position as shown in Fig. 7. Regarding claim 10, the combination of Zhang and Hosoi teach all the features with respect to claim 8 as outlined above. Hosoi teaches that each of the two first enclosures is a temple (i.e. two temple tips 25), the electronic device (i.e. hearing device 1d) further comprising: two rims (Fig. 1 shows rims (grooved frames) 22) which are respectively connected to the two temples (i.e. two temple tips 25) as shown in Fig. 1; and a bridge (Fig. 1 shows rims (grooved frames) 22) which connects the two rims (i.e. two rims (grooved frames) 22), and the electronic device (i.e. hearing device 1d) is a glasses-type as shown in Fig. 1. Regarding claim 11, Zhang teaches all the features with respect to claim 1 as outlined above. Zhang does not explicitly teach that each of the first vibration element and the second vibration element is a piezoelectric element. Hosoi teaches each vibrator is a piezoelectric element……Para. [00068], Lines 4-5. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify each of the first vibration element and the second vibration of Zhang to include vibrators are piezoelectric elements, as taught by Hosoi. The advantage of such modification will allow the vibration elements to provide reliable actuation. Regarding claim 13, the combination of Zhang and Hosoi teach all the features with respect to claim 5 as outlined above. Hosoi teaches that the connection part (i.e. hinge 80) consists of a rotation mechanism which can change an angle of the first enclosure and the second enclosure as shown in Fig. 7 and Para. [0104], Lines 1-6. 10. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Hosoi and further in view of Fukuda WO 2014097744. Regarding claim 12, the combination of Zhang and Hosoi teach all the features with respect to claim 5 as outlined above. The combination of Zhang and Hosoi do not explicitly teach that the vibration source is held by the second enclosure via an elastic member. Fukuda teaches in Fig. 6A shows a bone conduction speaker 1 is held by a speaker holding unit 13 via an elastic member 7 as shown in Fig. 6A. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify the electronic device of the combination of Zhang and Hosoi to include the vibration source is held by the second enclosure via the elastic member, as taught by Fukuda. The advantage of such modification will allow the vibration source to be held in place via the elastic member and reduces vibration transmission to the second enclosure. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELICA M MCKINNEY whose telephone number is (571)270-3321. The examiner can normally be reached 7AM-3PM EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANGELICA M MCKINNEY/Primary Examiner, Art Unit 2694
Read full office action

Prosecution Timeline

Apr 08, 2025
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+13.9%)
2y 2m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 515 resolved cases by this examiner. Grant probability derived from career allowance rate.

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