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 .
Response to Arguments
Applicant's arguments filed 6/1/26 have been fully considered but they are not persuasive.
Applicant submits that Takubo does not disclose the sound outlet pipe comprises a speaker. The examiner respectfully disagrees. Takubo, Fig. 3, shows sound conduit 20 disposed on driver unit 50 in order to guide the sound waves from the driver unit to an external auditory canal of the user (Takubo, ¶0044). Before the effective filing date of the claimed invention, it would have been obvious that a driver could be contained in the sound conduit instead of disposed on it. The motivation would have been it was obvious to try, in order for the sound conduit to guide the sound waves of the driver, the driver must either be attached to or contained inside of the sound conduit, both configurations with a reasonable expectation of success. Putting the speaker/driver inside the sound pipe/conduit is not an inventive concept, nor is it indicated as providing any advantage in the specification.
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.
Claims 1-4, 8, 9, 11-17 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Takano et al. (US 2024/0073578 A1), hereinafter “Takano,” in view of Takubo (US 2023/0300515 A1).
As to claim 1, Takano discloses an earphone (¶0002, Fig. 1), comprising:
a main housing comprising an upper portion and a lower portion (¶0034, Fig. 2. “The earphone housing 10, as shown in FIG. 2, includes a main body (a main body portion) 2 and an inserter 3. The main body 2 and the inserter 3 are coupled to each other.”); and
a cap coupled to the upper portion of the main housing (¶0035-0036, Figs. 2-3. “The nozzle 30, as shown in FIG. 3, is covered by the earpiece 31.” “It is to be noted that the earpiece 31 may be integrated with the inserter 3 or may be attachable and detachable.”),
wherein the lower portion comprises a protrusion that extends outward relative to the upper portion to form a stepped structure (¶0044, Figs. 2-3. “The first region 41, as shown in FIG. 2 and FIG. 3, includes a protrusion 411. The protrusion 411 protrudes toward the outside of the main body 2 on a side closer to the bottom surface 5 than the surface 6.”); and
a speaker configured to transmit sound (¶0026 and ¶0030, Figs. 2-4. “The left unit L1 includes an earphone housing 10… a driver unit (not shown)...” “The driver unit amplifies an inputted audio signal, converts the signal into an analog signal, and emits sound to the outside.”).
Takano does not expressly disclose a sound outlet pipe connected to the main housing, wherein the sound output pipe comprises the speaker configured to transmit sound via the sound outlet pipe.
Takubo discloses a sound outlet pipe connected to the main housing, wherein the sound output pipe comprises the speaker configured to transmit sound via the sound outlet pipe (Takubo, ¶0044, Fig. 3. “The sound conduit 20 guides the sound wave from the driver unit 50 to an external auditory canal of the user when the wireless earphone 1 is used. The sound conduit 20 has a substantially cylindrical shape. The sound conduit 20 is disposed on the front of the driver unit 50.” Driver inside of conduit instead of attached to would have been obvious to try.).
The motivation would have been that it is a well-known, routine and conventional configuration for transferring sound from a speaker to the outside of an earphone. Further, it would have been obvious to try having the driver contained inside of the sound conduit as it can either be inside or attached outside in order to guide the sound waves of the driver, both configurations with a reasonable expectation of success.
As to claim 2, Takano in view of Takubo discloses a sound outlet channel connected to the main housing (Takano, ¶0030 and 0035, Figs. 2-4. “The driver unit amplifies an inputted audio signal, converts the signal into an analog signal, and emits sound to the outside.” “The inserter 3 includes a nozzle 30 (see FIG. 2) and an earpiece 31 (see FIG. 3). The nozzle 30, as shown in FIG. 3, is covered by the earpiece 31.” Sound output through nozzle 30 and earpiece 31 to the outside.).
As to claim 3, Takano in view of Takubo discloses a charging contact on a side of the main housing (Takano, ¶0026, ¶0028 and ¶0040, Fig. 4. “The charging terminal is connected to an external power source, for example, by contacting a terminal on a charging case, in order to charge the battery.” “It is to be noted that the bottom surface 5 includes a through hole 51 through which each of a plurality of charging terminals is exposed.”).
As to claim 4, Takano in view of Takubo discloses wherein the main housing comprises an electronic controller (Takano, ¶0026, ¶0031, Fig. 3. “The left unit L1 may include an electronic component other than the wireless communication device, the driver unit, the battery, the charging terminal, the microphone, and the LED.” “The microphone collects voice of the user, or external sound for noise cancellation.” Controller/processor implicit for noise cancellation processing.).
Takano in view of Takubo does not expressly disclose the controller arranged in an inclined manner relative to the cap.
However, Fig. 3 of Takano shows the earpiece 31 (cap) at an angle relative to the main body 2. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious for the controller/processor to be arranged in an inclined manner relative to the cap. The motivation would have been the overall shape of the earphone in Fig. 3, as well as it having been obvious to try. The controller/processor can only be arranged at an incline, decline or parallel to the cap, all of which have a reasonable expectation of success.
As to claim 8, Takano in view of Takubo discloses wherein the protrusion has a curved contour (Takano, ¶0053, Fig. 2. “Specifically, as shown in FIG. 2, the height H1 of the protrusion 411 varies less near the surface 6 and varies more near the bottom surface 5. In other words, the height of the protrusion 411 varies as with an exponential curve of which the inclination is increased from the surface 6 toward the bottom surface 5.”).
As to claim 9, Takano in view of Takubo discloses wherein the protrusion is provided at an end of the main housing (Takano, Figs. 2-3 and 6. Protrusion 411 is at an end of the housing).
As to claim 11, Takano in view of Takubo discloses wherein an axial direction of the sound outlet pipe may be provided at an included angle with an extending direction of the main housing (Takano, Fig. 3. Inserter 3, where sound is output at nozzle 30, is at an included angle with an extended direction of the main housing 2. See also Takubo, Figs. 2-3).
As to claim 12, Takano discloses an earphone (¶0002, Fig. 1), comprising:
a main body (¶0034, Fig. 2. “The earphone housing 10, as shown in FIG. 2, includes a main body (a main body portion) 2 and an inserter 3. The main body 2 and the inserter 3 are coupled to each other.”); and
a cap detachably coupled to the main body (¶0035-0036, Figs. 2-3. “The nozzle 30, as shown in FIG. 3, is covered by the earpiece 31.” “It is to be noted that the earpiece 31 may be integrated with the inserter 3 or may be attachable and detachable.”),
wherein the main body comprises a protrusion that extends outward relative to a part of the main body to form a stepped structure (¶0044, Figs. 2-3. “The first region 41, as shown in FIG. 2 and FIG. 3, includes a protrusion 411. The protrusion 411 protrudes toward the outside of the main body 2 on a side closer to the bottom surface 5 than the surface 6.”), and
wherein the protrusion is arranged at an included angle with the cap (Fig. 3. Protrusion 411 arranged at an included angle with earpiece 31.); and
a speaker configured to transmit sound (¶0026 and ¶0030, Figs. 2-4. “The left unit L1 includes an earphone housing 10… a driver unit (not shown)...” “The driver unit amplifies an inputted audio signal, converts the signal into an analog signal, and emits sound to the outside.”).
Takano does not expressly disclose a sound outlet pipe connected to the main housing, wherein the sound output pipe comprises the speaker configured to transmit sound via the sound outlet pipe.
Takubo discloses a sound outlet pipe connected to the main housing, wherein the sound output pipe comprises the speaker configured to transmit sound via the sound outlet pipe (Takubo, ¶0044, Fig. 3. “The sound conduit 20 guides the sound wave from the driver unit 50 to an external auditory canal of the user when the wireless earphone 1 is used. The sound conduit 20 has a substantially cylindrical shape. The sound conduit 20 is disposed on the front of the driver unit 50.” Driver inside of conduit instead of attached to would have been obvious to try.).
The motivation would have been that it is a well-known, routine and conventional configuration for transferring sound from a speaker to the outside of an earphone. Further, it would have been obvious to try having the driver contained inside of the sound conduit as it can either be inside or attached outside in order to guide the sound waves of the driver, both configurations with a reasonable expectation of success.
As to claim 13, Takano in view of Takubo discloses wherein the main body comprises an upper portion and a lower portion (Takano, ¶0034, Fig. 2. “The earphone housing 10, as shown in FIG. 2, includes a main body (a main body portion) 2 and an inserter 3. The main body 2 and the inserter 3 are coupled to each other.”), and
wherein the lower portion comprises the protrusion that extends outward relative to the upper portion to form the stepped structure (Takano, ¶0044, Figs. 2-3. “The first region 41, as shown in FIG. 2 and FIG. 3, includes a protrusion 411. The protrusion 411 protrudes toward the outside of the main body 2 on a side closer to the bottom surface 5 than the surface 6.”).
As to claim 14, Takano in view of Takubo discloses a sound outlet channel connected to the main body (Takano, ¶0030 and 0035, Figs. 2-4. “The driver unit amplifies an inputted audio signal, converts the signal into an analog signal, and emits sound to the outside.” “The inserter 3 includes a nozzle 30 (see FIG. 2) and an earpiece 31 (see FIG. 3). The nozzle 30, as shown in FIG. 3, is covered by the earpiece 31.” Sound output through nozzle 30 and earpiece 31 to the outside.).
As to claim 15, Takano in view of Takubo discloses a charging contact on a side of the main body (Takano, ¶0026, ¶0028 and ¶0040, Fig. 4. “The charging terminal is connected to an external power source, for example, by contacting a terminal on a charging case, in order to charge the battery.” “It is to be noted that the bottom surface 5 includes a through hole 51 through which each of a plurality of charging terminals is exposed.”).
As to claim 16, Takano in view of Takubo discloses wherein the charging contact is arranged at an included angle with the cap (Takano, ¶0026, ¶0028 and ¶0040, Figs. 3-4. Through holes 51 arranged at an included angle with the earpiece 31.).
Claim 17 is rejected under claim 12 using the same motivation as claim 4 above.
Claim 19, is rejected under claim 12 using the same rationale as claim 9 above.
As to claim 20, Takano in view of Takubo discloses wherein an axial direction of the cap may be provided at an included angle with an extending direction of the main body (Takano, Fig. 3. Earpiece 31 is at an included angle with an extending direction of the main housing 2.).
As to claim 21, Takano in view of Takubo discloses wherein the electronic controller comprises a battery (Takano, ¶0026. “The left unit L1 includes… a battery (not shown)…”).
Claims 5-7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Takano in view of Takubo, as applied to claims 1 and 12 above, in view of Hatfield et al. (US 2021/0243514 A1), hereinafter “Hatfield.”
As to claim 5, Takano in view of Takubo discloses the cap comprises a fixing part, the fixing part is sleeved on the sound outlet pipe (Takano, ¶0035-0036, Figs. 2-3. “The nozzle 30, as shown in FIG. 3, is covered by the earpiece 31.” “It is to be noted that the earpiece 31 may be integrated with the inserter 3 or may be attachable and detachable.” Earpiece 31 attaches to nozzle 30.).
Takano in view of Takubo does not expressly disclose the cap comprises a first noise reduction part connected to the fixing part, and the first noise reduction part is provided around a peripheral side of the fixing part.
Hatfield discloses the cap comprises a first noise reduction part connected to the fixing part, and the first noise reduction part is provided around a peripheral side of the fixing part (Hatfield, ¶0072, Fig. 8a. Outer eartip body 808 connected to and located around a peripheral side of inner eartip body 804.).
Takano, Takubo and Hatfield are analogous art because they are from the same field of endeavor with respect to earphones.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have an outer eartip body around the fixing part, as taught by Hatfield. The motivation would have been for improved passive sound reduction. It is further a well-known, routine and conventional design for an earphone ear tip.
As to claim 6, Takano in view of Takubo as modified by Hatfield discloses a wing that comprises a second noise reduction part provided around a peripheral side of the main housing (Hatfield, ¶0072, Fig. 8a. Internal sound outer eartip body 802 with End 803.), and
wherein a noise reduction cavity is formed between the first noise reduction part and the second noise reduction part (Hatfield, ¶0072, Fig. 8a. “When eartip 800 is inserted into an ear canal, outer eartip body 808 may make contact with internal sound outer eartip body 802 and form a seal that seals deflection zone 806 from the atmosphere. That way, sound can be prevented from leaking between sound channel 810 and deflection zone 806 through the thin regions of inner eartip body 804 where grooves 812a-b are positioned, thereby mitigating interference and improving acoustic performance.”).
The motivation would have been mitigating interference and improving acoustic performance (Hatfield, ¶0072).
As to claim 7, Takano in view of Takubo as modified by Hatfield discloses wherein an end of the first noise reduction part away from the fixing part abuts against an outer surface of the second noise reduction part (Hatfield, ¶0072, Fig. 8a. “However, when eartip 800 is inserted into an ear canal, outer eartip body 808 may make contact with internal sound outer eartip body 802 and form a seal that seals deflection zone 806 from the atmosphere.”).
The motivation is the same as claim 6 above.
As to claim 18, Takano in view of Takubo as modified by Hatfield discloses wherein the cap comprises a fixing part and a first noise reduction part connected to each other (Takano, ¶0035-0036, Figs. 2-3. “The nozzle 30, as shown in FIG. 3, is covered by the earpiece 31.” “It is to be noted that the earpiece 31 may be integrated with the inserter 3 or may be attachable and detachable.” Earpiece 31 attaches to nozzle 30.), and
wherein the first noise reduction part is provided around a peripheral side of the fixing part (Hatfield, ¶0072, Fig. 8a. Outer eartip body 808 connected to and located around a peripheral side of inner eartip body 804.).
The motivation is the same as clam 5 above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES K MOONEY whose telephone number is (571)272-2412. The examiner can normally be reached Monday-Friday, 9:00 AM -5:00 PM EST.
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 5712727848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES K MOONEY/Primary Examiner, Art Unit 2695
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