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 .
Notes
Applicant has amended claims, and as a result, claims 1-9, and 11-19 are now pending for examination. Note that the previous examiner is no longer with the Office. Prosecution is reopened and this is a non-final action.
Response to Arguments
Applicant’s arguments filed 8/28/2025 with respect to claims 1-9,11-19 have been fully considered, however, new art is found and new grounds of rejections are applied. The previous 102 rejection has been withdrawn.
Claim Rejections - 35 USC § 103
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, 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20120177239) in view of Foster (US 20130106353).
Regarding claims 1 and 14, Lee discloses an apparatus for facilitating nullifying environmental sounds (Lee Abstract) for a device (Lee Fig. 1 Item 10), the apparatus comprising:
a cover (Lee Fig. 1 Item 1) configured to be attached to an outer surface of the device, wherein the cover comprises
at least one holder connected to the cover in at least one location of the cover, wherein the at least one holder defines at least one interior space (Lee, fig. 1 and [0019] “The shell 2 may have a front lip 3, a side wall 4”. Note that a front lip 3, a side wall 4 are construed as at least one holder that defines at least one interior space.); and
at least one filtering component (Lee Fig. 1 Item 7) configured to be disposed in the at least one interior space, wherein the at least one filtering component covers at least one opening (Lee Fig. 1 Item 6) disposed in the outer surface of the device based on the attaching of the cover to the outer surface of the device, wherein the at least one opening leads to at least one cavity (Lee Fig. 1 Item 11) in the device for at least one sound capturing device (Lee Fig. 2 Item 27) comprised within the device, wherein the at least one filtering component is comprised of at least one material (Lee paragraph 0021),
wherein at least a part of the at least one filtering component inserts into the at least one cavity through the at least one opening based on the attaching of the cover to the outer surface of the device, wherein the covering of the at least one opening is further based on the inserting of the at least one filtering component into the at least one cavity through the at least one opening (Lee Fig. 1 item 6, 7, 11 paragraph 0020-0024),
wherein the at least one filtering component is configured for suppressing (Lee paragraph 0021 note: this reads on acoustic resistivity such that it reduces wind noise without significantly altering the user's voice) a capturing of at least one environmental sound by the at least one sound capturing device based on the at least one material, wherein the at least one material comprises at least one interchangeable media layer (Lee Fig. 3-5 paragraph 0021-0026 note: this reads on different materials and Other methods of positioning and attaching the windscreen 7) .
Lee discloses at least one holder connected to the cover in at least one location of the cover, but does not disclose at least one holder attached to the cover in at least one location of the cover.
However, in the similar endeavor, Foster discloses at least one holder attached to the cover in at least one location of the cover (see Foster, [0137] flap 266 is attached to the body 264).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee’s cover to include various holders or sides attached to the cover as taught by Foster, and the motivation to do so is to provide a more flexible cover, thus enhancing user experience (see Foster [0137]).
Regarding claims 2 and 15, Lee in view of Foster discloses an apparatus for facilitating nullifying environmental sounds for a device as described above. Lee further discloses the cover is configured for covering at least a portion of the outer surface of the device based on the attaching (Lee Fig. 1).
Regarding claims 3 and 16, Lee in view of Foster discloses an apparatus for facilitating nullifying environmental sounds for a device as described above. Lee further discloses the cover is configured to be removably attached to the outer surface of the device (Lee Fig. 1).
Regarding claims 4 and 17, Lee discloses the apparatus of claim 1, but does not explicitly disclose wherein the at least one holder is detachably attached to the cover, wherein the at least one holder comprises at least one attaching element. wherein the at least one attaching element detachably attaches the at least one holder to the cover, wherein the at least one attaching element comprises a magnet, wherein the cover is comprised of at least one ferromagnetic material.
Foster discloses wherein the at least one holder is detachably attached to the cover, wherein the at least one holder comprises at least one attaching element, wherein the at least one attaching element detachably attaches the at least one holder to the cover, wherein the at least one attaching element comprises a magnet, wherein the cover is comprised of at least one ferromagnetic material (see Foster, [0139] and Figs. 16 and 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee’s cover to include magnets, and the motivation would be to provide additional functionality to the cover so that the device can be slid in and out of the cover with ease while keeping the device in place when the device is in the cover.
Regarding claims 5, Lee in view of Foster discloses an apparatus for facilitating nullifying environmental sounds for a device as described above. Lee further discloses the at least one material comprises at least one layer of at least one woven fabric (Lee paragraph 0021 note: this reads on cloth).
Regarding claims 6, Lee in view of Foster discloses an apparatus for facilitating nullifying environmental sounds for a device as described above. Lee further discloses at least woven fabric comprises at least one of a high density woven fabric (Lee paragraph 0021 note: this reads on cloth) and a low density woven fabric (Lee paragraph 0021 note: this reads on screen material).
Regarding claims 7, Lee in view of Foster discloses an apparatus for facilitating nullifying environmental sounds for a device as described above. Lee further discloses the at least one material is perforated (Lee paragraph 0021 note: this reads on porous plastic).
Regarding claims 8 and 18, Lee in view of Foster discloses an apparatus for facilitating nullifying environmental sounds for a device as described above. Lee further discloses the at least one filtering component (Lee Fig. 1 Item 7, Fig. 4 paragraph 0023) is fixedly disposed in the at least one interior space.
Regarding claims 9 and 19, Lee in view of Foster discloses an apparatus for facilitating nullifying environmental sounds for a device as described above. Lee further discloses at least one filtering component is removably disposed in the at least one interior space (Lee Fig. 3-5 paragraph 0023).
Regarding claims 13, Lee in view of Foster discloses an apparatus for facilitating nullifying environmental sounds for a device as described above. Lee further discloses at least one material comprises at least one of a closed cell foam and an open cell foam (Lee paragraph 0021 note: this reads on a mesh structure, a foam structure and acoustic foam).
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Foster, and further in view of Lee et al. (US 20160198822, hereinafter “Lee2”).
Regarding claim 11, Lee in view of Foster discloses the apparatus of claim 1, wherein the at least one material comprises two interchangeable media layers, wherein the two interchangeable media layers comprise a metal mesh laver and a plastic mesh layer (see Lee, [0021] “The windscreen 7 may have a mesh structure, a foam structure, or a feather-like structure.”. Also see Foster, [0168] “the case 222 and cover 262 may be constructed from a variety of materials.”).
Lee in view of Foster fails to disclose two layers.
In a similar endeavor, Lee2 discloses two layers (See Lee2, abstract and [0015]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee in view of Foster, to have two layers to form the cover in order to provide more comfort for a user and to allow the inner body to be further protected from external impact (see Lee2 [0050]).
Regarding claim 12, Lee in view of Foster discloses the apparatus of claim 11, but fails to disclose wherein the at least one material further comprises a spacer layer, wherein the two interchangeable media layers are spaced forming the spacer layer between the two interchangeable media layers, wherein the spacer layer is comprised of air.
In a similar endeavor, Lee2 discloses wherein the two interchangeable media layers are spaced forming the spacer layer between the two interchangeable media layers, wherein the spacer layer is comprised of air (see Lee2, Abstract and [0015]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee in view of Foster, to have air spaced in between two layers in the cover in order to provide more comfort for a user and to allow the inner body to be further protected from external impact (see Lee2 [0050]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHY W WANG-HURST whose telephone number is (571)270-5371. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
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/KATHY W WANG-HURST/ Supervisory Patent Examiner, Art Unit 2644