DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
2. The Amendment filed January 26, 2026 has been entered. Claims 1-4, 8, and 15-17 have been amended. Claims 1-20 are pending in the application.
Information Disclosure Statement
3. The information disclosure statement filed on January 21, 2026 has been considered and placed in the application file.
CLAIM INTERPRETATION
4. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
5. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
6. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: an inflation mechanism in claims 6, 11, and 20.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this limitation interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation recites sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
7. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
8. Claims 8-9 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Boulanger et al. U.S. Patent Application Publication 20200037061 (hereinafter, “Boulanger”).
Regarding claim 8, Boulanger teaches a headphone system (One such embodiment is illustrated in FIGS. 3 and 4. FIG. 3 is a schematic diagram illustrating a headphone system 300 configured to implement one or more aspects of the present disclosure, see par [0055], see Boulanger), comprising:
an inflatable pouch (see actuator 130, Fig. 4; in some embodiments, a single actuator 130 corresponds to a single contact element 140. For example, in one such embodiment, actuator 130 includes an air-filled bladder (i.e., an inflatable pouch) that, when inflated, repositions multiple contact elements 140, such as the contact elements on an upper half of an earcup, see Fig. 4, par [0035], see Boulanger);
an audio output device (loudspeaker 322, Fig. 3, and a loudspeaker in Fig. 4; each earcup 301 is configured to fit over the outer ear of a wearer, and includes, among other things, a loudspeaker 322 and an ear-surround cushion 304 coupled to a housing 305. Headband 303 and earcups 301 each act as a respective portion of support frame 120 of headphone system 300, see Figs. 3, 4, par [0055], see Boulanger) coupled to a first side of the inflatable pouch (see loudspeaker couple to left side of actuator 130 via support frame 120 in Fig. 4, see Boulanger); and
an ear pad (an ear-surround cushion 304, Figs. 3, 4; a loudspeaker 322 and an ear-surround cushion 304 coupled to a housing 305, see Fig. 3, par [0055], see Boulanger) coupled to a second side of the inflatable pouch (actuator 130, Fig. 4; see ear-surround cushion 304 coupled to right side of actuator 130 in Fig. 4) such that the inflatable pouch (actuator 130, Fig. 4; in one such embodiment, actuator 130 includes an air-filled bladder (i.e., an inflatable pouch) that, when inflated, repositions multiple contact elements 140, par [0035], see Boulanger) is disposed between the audio output device (loudspeaker 322, Fig. 3 and see Fig. 4) and the ear pad (ear-surround cushion 304; see relative position of actuator 130 between a loudspeaker and ear-surround cushion 304 in Fig. 4, see Boulanger).
Boulanger thus teaches all the claimed limitations.
Regarding claim 9, Boulanger teaches the headphone system of claim 8, wherein the audio output device (see loudspeaker 322, Fig. 3, and a loudspeaker in Fig. 4) includes a housing (including support frame120, see Fig. 4; In embodiments in which head-worn audio system 100 is implemented as a headphone based assembly, support frame 120 can be a housing of an earcup and/or a headband in the headphone-based assembly (see Fig. 1, par [0030], see Boulanger); see housing 305, Figs. 3, 4; Each earcup 301 is configured to fit over the outer ear of a wearer, and includes, among other things, a loudspeaker 322 and an ear-surround cushion 304 coupled to a housing 305, Figs. 3, 4, par [0035], see Boulanger), and the inflatable pouch (see actuator 130 in Fig. 4) is coupled to a surface of the housing (Thus, included in earcups 301 are one or more actuators 130 that are coupled to a portion of housing 305/support frame 120, see Fig. 4, par [0036], see Boulanger).
Claim Rejections - 35 USC § 103
9. 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.
10. 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.
11. The applied reference has a common Applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
12. Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Boulanger et al. U.S. Patent Application Publication 20200037061 (hereinafter, “Boulanger”) in view of Lott et al. U.S. Patent Application Publication 20120102629 (hereinafter, “Lott”, previously cited).
Regarding claim 10, Boulanger teaches the headphone system of claim 8. However, Boulanger does not explicitly disclose wherein the inflatable pouch includes at least one valve that permits passage of an inflation medium into the inflatable pouch.
Lott teaches hearing protection system for use within a helmet (see Title) in which the system includes a first air bladder, a second air bladder, a first tube, a second tube, T-block nipple fitting, a pump tube, a pressure relief valve, a bulb pump, and a one-way valve. The one-way valve allows air to enter the bulb pump. The bulb pump applies pressure to the pressure relief valve when squeezed. In a first mode of operation, air passes through the pressure relief valve from the bulb pump side to the pump tube side to facilitate simultaneously inflating the air bladders, Fig. 7, par [0051], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the headphone system of Boulanger such that to obtain wherein the inflatable pouch includes at least one valve that permits passage of an inflation medium into the inflatable pouch in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
Regarding claim 11, Boulanger teaches the headphone system of claim 8. However, Boulanger does not explicitly disclose further comprising an inflation mechanism configured to inflate the inflatable pouch (this limitation invokes 112 (f), see inflation bulb 206, Fig, 2, specification page 11, par [0042]).
Lott teaches hearing protection system for use within a helmet (see Title) in which the system includes a first air bladder, a second air bladder, a first tube, a second tube, T-block nipple fitting, a pump tube, a pressure relief valve, a bulb pump (see bulb pump, Fig. 7, par [0051], see Lott, corresponds to an inflation mechanism), and a one-way valve. The one-way valve allows air to enter the bulb pump. The bulb pump applies pressure to the pressure relief valve when squeezed. In a first mode of operation, air passes through the pressure relief valve from the bulb pump side to the pump tube side to facilitate simultaneously inflating the air bladders, Fig. 7, par [0051], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the headphone system of Boulanger such that to obtain further comprising an inflation mechanism configured to inflate the inflatable pouch in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
Regarding claim 12, Boulanger in view of Lott teaches the headphone system of claim 11. Boulanger in view of Lott, as modified, teaches wherein the inflation mechanism includes at least one of an inflation bulb (see bulb pump, Fig. 7, par [0051], see Lott), a mechanical pump, or an electrical pump (The one-way valve allows air to enter the bulb pump. The bulb pump applies pressure to the pressure relief valve when squeezed. In a first mode of operation, air passes through the pressure relief valve from the bulb pump side to the pump tube side to facilitate simultaneously inflating the air bladders, see Fig. 7, par [0051], see Lott).
Regarding claim 13, Boulanger in view of Lott teaches the headphone system of claim 11. Boulanger in view of Lott, as modified, teaches further comprising a conduit (pump tube, Fig. 7, par [0051], see Lott) coupled to the inflatable pouch and the inflation mechanism (In a first mode of operation, air passes through the pressure relief valve from the bulb pump side to the pump tube side to facilitate simultaneously inflating the air bladders, see Fig. 7, par [0051], see Lott).
Regarding claim 14, Boulanger teaches the headphone system of claim 8. However, Boulanger does not explicitly disclose further comprising a mechanical coupler configured to couple to an inner surface of headgear.
Lott teaches hearing protection system for use within a helmet (see Title) in which comprising a mechanical coupler (hook fasteners, par [0049], see Lott) configured to couple to an inner surface of headgear (The bottom side of the air bladder couples to a helmet liner of the helmet via a plurality of bottom hook fasteners that are permanently attached (e.g., radio frequency welded) to the air bladder. In an example, the helmet liner is constructed utilizing a material that is a loop fastener material of a hook and loop fastener system, par [0049], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the headphone system of Boulanger such that to obtain further comprising a mechanical coupler configured to couple to an inner surface of headgear in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
13. Claims 1-4, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Boulanger et al. U.S. Patent Application Publication 20200037061 (hereinafter, “Boulanger”) in view of Mosseri US Patent Application Publication 20130251172 (previously cited), and further in view of Kimura US Patent Application Publication 20110002475.
Regarding claim 1, Boulanger teaches a headphone system (One such embodiment is illustrated in FIGS. 3 and 4. FIG. 3 is a schematic diagram illustrating a headphone system 300 configured to implement one or more aspects of the present disclosure, see par [0055], see Boulanger), comprising:
an audio output device (loudspeaker 322, Fig. 3, and a loudspeaker in Fig. 4; each earcup 301 is configured to fit over the outer ear of a wearer, and includes, among other things, a loudspeaker 322, see Figs. 3, 4, par [0055], see Boulanger);
an ear pad (an ear-surround cushion 304, Figs. 3, 4; a loudspeaker 322 and an ear-surround cushion 304 coupled to a housing 305, see Fig. 3, par [0055], see Boulanger); and
an inflatable pouch (see actuator 130, Fig. 4; in some embodiments, a single actuator 130 corresponds to a single contact element 140. For example, in one such embodiment, actuator 130 includes an air-filled bladder (i.e., an inflatable pouch) that, when inflated, repositions multiple contact elements 140, such as the contact elements on an upper half of an earcup, see Fig. 4, par [0035], see Boulanger) disposed between the audio output device (loudspeaker 322, Fig. 3 and see Fig. 4) and the ear pad (ear-surround cushion 304; see relative position of actuator 130 between a loudspeaker and ear-surround cushion 304 in Fig. 4, see Boulanger).
Boulanger teaches actuator 130 includes an air-filled bladder (i.e., an inflatable pouch) that, when inflated, repositions multiple contact elements 140, such as the contact elements on an upper half of an earcup, see Fig. 4, par [0035], see Boulanger).
However, Boulanger does not explicitly disclose wherein the inflatable pouch inflates in at least a direction that is non-perpendicular with a surface of the audio output device.
Mosseri teaches inflatable ear buds (see Title) in which FIG. 2 illustrates an ear bud 105 which may surround an axis 110. An exemplary ear bud 105 may be fabricated from silicone, rubber or other deformable materials. However, a cross section A of ear bud 105, illustrated by FIG. 2A, shows that ear bud 105 may be partially or entirely hollow within its walls. In the illustration of FIG. 2A, peripheral wall 120 and inner wall 125 continuously enclose ear bud channel 115 about axis 110. Although as illustrated peripheral wall 120 and inner wall 125 form a round doughnut-like shape, they may alternatively form boxed shapes, triangular shapes and any other moldable forms known to those skilled in the art (see Figs. 2, 2A, par [0031], see Mosseri); according to this and other embodiments of the present invention, continuous fluid input into ear bud channel 115 causes expansion of inner ear bud surface 125 and outer ear bud surface 120 such that ear bud 105 expands in size. Ear bud 105 expansion may be unidirectional or in various directions, depending on needs of the user. For example, ear bud 105 may expand over speaker 102. Alternatively, ear bud 105 may inflate to a predetermined shape. Ear bud 105 may expand to achieve a close fit between headphone 100 and the ear of a user (see Figs. 2, 2A, 4, par [0043], see Mosseri).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the inflatable ear buds taught by Mosseri with the headphone system of Lott such that to obtain wherein the inflatable pouch inflates in at least a direction that is non-perpendicular with a surface of the audio output device in order to avoid sound losses in various environments and to stay lodged in the user's ear without falling out as suggested by Mosseri in paragraph [0007].
However, Boulanger in view of Mosseri does not explicitly disclose causing the inflatable pouch to press against the audio output device coupled to an inner surface of a headgear.
Kimura teaches earmuff and headphone (see Title) in which an air-permeable cushioning member 15 of a certain thickness is provided between the baffle board 12 and the ear pad 13. The air-permeable cushioning member 15 is torus shaped and has a diameter substantially the same as that of the baffle board 12. The air-permeable cushioning member 15 is hard enough to not be crushed by the pressing force applied by the headband 14 while the earmuff 10 is being worn. The air-permeable cushioning member 15 may be fixed to the baffle board 12 or to the ear pad 13 by adhesion (Fig. 1, par [0046], see Kimura). The embodiments illustrated in FIGS. 1 to 3 are supposed to form a headphone. The headphone can be formed by installing a speaker unit 100 on the rear surface of the baffle board 12 and forming an opening through which sounds emitted by the speaker unit 100 pass on the baffle board 12 (see Fig. 1, par [0065], see Kimura); see air-permeable cushioning member 15 to press against speaker unit 100; and the speaker unit 100 coupled to inner surface of ear cup 11, see Fig. 1, par [0043], see Kimura).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the earmuff and headphone taught by Kimura with the headphone system of Boulanger in view of Mosseri such that to obtain causing the inflatable pouch to press against the audio output device coupled to an inner surface of a headgear in order to improve insulation against external noise with the adjustable acoustic resistance, as suggested by Kimura in paragraph [0035].
Regarding claim 2, Boulanger in view of Mosseri in view of Kimura teaches the headphone system of claim 1. Boulanger in view of Mosseri in view of Kimura, as modified, teaches wherein the audio output device (see loudspeaker 322, Fig. 3, and a loudspeaker in Fig. 4) includes a housing (see housing 305, Figs. 3, 4; Each earcup 301 is configured to fit over the outer ear of a wearer, and includes, among other things, a loudspeaker 322 and an ear-surround cushion 304 coupled to a housing 305, Figs. 3, 4, par [0035], see Boulanger).
Regarding claim 3, Boulanger in view of Mosseri in view of Kimura teaches the headphone system of claim 1. Boulanger in view of Mosseri in view of Kimura, as modified, teaches wherein the inflatable pouch inflates in at least a direction away from the inner surface of the headgear (according to this and other embodiments of the present invention, continuous fluid input into ear bud channel 115 causes expansion of inner ear bud surface 125 and outer ear bud surface 120 such that ear bud 105 expands in size. Ear bud 105 expansion may be unidirectional or in various directions, depending on needs of the user. For example, ear bud 105 may expand over speaker 102. Alternatively, ear bud 105 may inflate to a predetermined shape. Ear bud 105 may expand to achieve a close fit between headphone 100 and the ear of a user (see Figs. 2, 2A, 4, par [0043], see Mosseri).
Regarding claim 4, Boulanger in view of Mosseri in view of Kimura teaches the headphone system of claim 2. Boulanger in view of Mosseri in view of Kimura, as modified, teaches wherein the inflatable pouch (see actuator 130, Fig. 4; in some embodiments, a single actuator 130 corresponds to a single contact element 140. For example, in one such embodiment, actuator 130 includes an air-filled bladder (i.e., an inflatable pouch) that, when inflated, repositions multiple contact elements 140, such as the contact elements on an upper half of an earcup, see Fig. 4, par [0035], see Boulanger) is directly coupled to the housing (support frame 120 can be a housing of an earcup, Fig. 1, par [0030], see Boulanger) of the audio output device (in embodiments in which head-worn audio system 100 is implemented as a headphone based assembly, support frame 120 can be a housing of an earcup and/or a headband in the headphone-based assembly. In embodiments in which head-worn audio system 100 is implemented as an ear-worn audio device, such as a pair of stereo earbuds or an earpiece, support frame 120 can be a rigid structure within the earbud or earpiece and/or a portion of an external housing of the earbud or earpiece, see Fig. 1, par [0030], see Boulanger). The motivation is in order to improve insulation against external noise with the adjustable acoustic resistance, as suggested by Kimura in paragraph [0035].
Regarding claim 15, Boulanger teaches an audio system (when recordings intended to be reproduced via external loudspeakers are played over a set of headphones, the reproduced sound may be perceived as having a point of origin that is between the listener's ears, resulting in an unnatural effect for the listener, par [0002], see Boulanger), comprising:
an audio source (recordings intended to be reproduced, par [0002], see Boulanger); and
a headphone system (One such embodiment is illustrated in FIGS. 3 and 4. FIG. 3 is a schematic diagram illustrating a headphone system 300 configured to implement one or more aspects of the present disclosure, see par [0055], see Boulanger) including,
an audio output device (loudspeaker 322, Fig. 3, and a loudspeaker in Fig. 4; each earcup 301 is configured to fit over the outer ear of a wearer, and includes, among other things, a loudspeaker 322, see Figs. 3, 4, par [0055], see Boulanger) configured to generate output based on an audio signal received from the audio source (when recordings intended to be reproduced via external loudspeakers are played over a set of headphones, the reproduced sound may be perceived as having a point of origin that is between the listener's ears, resulting in an unnatural effect for the listener, par [0002], see Boulanger),
an ear pad (an ear-surround cushion 304, Figs. 3, 4; a loudspeaker 322 and an ear-surround cushion 304 coupled to a housing 305, see Fig. 3, par [0055], see Boulanger); and
an inflatable pouch (see actuator 130, Fig. 4; in some embodiments, a single actuator 130 corresponds to a single contact element 140. For example, in one such embodiment, actuator 130 includes an air-filled bladder (i.e., an inflatable pouch) that, when inflated, repositions multiple contact elements 140, such as the contact elements on an upper half of an earcup, see Fig. 4, par [0035], see Boulanger) disposed between the audio output device (loudspeaker 322, Fig. 3 and see Fig. 4) and the ear pad (ear-surround cushion 304; see relative position of actuator 130 between a loudspeaker and ear-surround cushion 304 in Fig. 4, see Boulanger).
Boulanger teaches actuator 130 includes an air-filled bladder (i.e., an inflatable pouch) that, when inflated, repositions multiple contact elements 140, such as the contact elements on an upper half of an earcup, see Fig. 4, par [0035], see Boulanger).
However, Boulanger does not explicitly disclose wherein the inflatable pouch inflates in at least a direction that is non-perpendicular with a surface of the audio output device.
Mosseri teaches inflatable ear buds (see Title) in which FIG. 2 illustrates an ear bud 105 which may surround an axis 110. An exemplary ear bud 105 may be fabricated from silicone, rubber or other deformable materials. However, a cross section A of ear bud 105, illustrated by FIG. 2A, shows that ear bud 105 may be partially or entirely hollow within its walls. In the illustration of FIG. 2A, peripheral wall 120 and inner wall 125 continuously enclose ear bud channel 115 about axis 110. Although as illustrated peripheral wall 120 and inner wall 125 form a round doughnut-like shape, they may alternatively form boxed shapes, triangular shapes and any other moldable forms known to those skilled in the art (see Figs. 2, 2A, par [0031], see Mosseri); according to this and other embodiments of the present invention, continuous fluid input into ear bud channel 115 causes expansion of inner ear bud surface 125 and outer ear bud surface 120 such that ear bud 105 expands in size. Ear bud 105 expansion may be unidirectional or in various directions, depending on needs of the user. For example, ear bud 105 may expand over speaker 102. Alternatively, ear bud 105 may inflate to a predetermined shape. Ear bud 105 may expand to achieve a close fit between headphone 100 and the ear of a user (see Figs. 2, 2A, 4, par [0043], see Mosseri).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the inflatable ear buds taught by Mosseri with the headphone system of Lott such that to obtain wherein the inflatable pouch inflates in at least a direction that is non-perpendicular with a surface of the audio output device in order to avoid sound losses in various environments and to stay lodged in the user's ear without falling out as suggested by Mosseri in paragraph [0007].
However, Boulanger in view of Mosseri does not explicitly disclose causing the inflatable pouch to press against the audio output device coupled to an inner surface of a headgear.
Kimura teaches earmuff and headphone (see Title) in which an air-permeable cushioning member 15 of a certain thickness is provided between the baffle board 12 and the ear pad 13. The air-permeable cushioning member 15 is torus shaped and has a diameter substantially the same as that of the baffle board 12. The air-permeable cushioning member 15 is hard enough to not be crushed by the pressing force applied by the headband 14 while the earmuff 10 is being worn. The air-permeable cushioning member 15 may be fixed to the baffle board 12 or to the ear pad 13 by adhesion (Fig. 1, par [0046], see Kimura). The embodiments illustrated in FIGS. 1 to 3 are supposed to form a headphone. The headphone can be formed by installing a speaker unit 100 on the rear surface of the baffle board 12 and forming an opening through which sounds emitted by the speaker unit 100 pass on the baffle board 12 (see Fig. 1, par [0065], see Kimura); see air-permeable cushioning member 15 to press against speaker unit 100; and the speaker unit 100 coupled to inner surface of ear cup 11, see Fig. 1, par [0043], see Kimura).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the earmuff and headphone taught by Kimura with the headphone system of Boulanger in view of Mosseri such that to obtain causing the inflatable pouch to press against the audio output device coupled to an inner surface of a headgear in order to improve insulation against external noise with the adjustable acoustic resistance, as suggested by Kimura in paragraph [0035].
Regarding claim 17, Boulanger in view of Mosseri in view of Kimura teaches the audio system of claim 15. Boulanger in view of Mosseri in view of Kimura, as modified, teaches wherein the ear pad (see an ear-surround cushion 304, Figs. 3, 4; a loudspeaker 322 and an ear-surround cushion 304 coupled to a housing 305, see Fig. 3 par [0055], see Boulanger) is directly coupled to a first side of the inflatable pouch (see right side of actuator 130, Fig. 4; in some embodiments, a single actuator 130 corresponds to a single contact element 140. For example, in one such embodiment, actuator 130 includes an air-filled bladder (i.e., an inflatable pouch) that, when inflated, repositions multiple contact elements 140, such as the contact elements on an upper half of an earcup, see Fig. 4, par [0035], see Boulanger), and a housing (including support frame120, see Fig. 4; In embodiments in which head-worn audio system 100 is implemented as a headphone based assembly, support frame 120 can be a housing of an earcup and/or a headband in the headphone-based assembly (see Fig. 1, par [0030], see Boulanger). Thus, included in earcups 301 are one or more actuators 130 that are coupled to a portion of housing 305/support frame 120, see Fig. 4, par [0036], see Boulanger) of the audio output device (loudspeaker 322, see Figs. 3, 4, par [0055], see Boulanger) is directly coupled to a second side (i.e., left side) of the inflatable pouch (actuator 130, Fig. 4); see relative position of actuator 130 with ear-surround cushion 304 and support frame 120 in Fig. 4, see Boulanger.
14. Claims 5-7, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Boulanger et al. U.S. Patent Application Publication 20200037061 (hereinafter, “Boulanger”) in view of Mosseri US Patent Application Publication 20130251172 (previously cited) in view of Kimura US Patent Application Publication 20110002475, and further in view of Lott et al. U.S. Patent Application Publication 20120102629 (hereinafter, “Lott”, previously cited).
Regarding claim 5, Boulanger in view of Mosseri in view of Kimura teaches the headphone system of claim 1. However, Boulanger in view of Mosseri in view of Kimura does not explicitly disclose wherein the inflatable pouch includes at least one valve that permits passage of an inflation medium into the inflatable pouch.
Lott teaches hearing protection system for use within a helmet (see Title) in which the system includes a first air bladder, a second air bladder, a first tube, a second tube, T-block nipple fitting, a pump tube, a pressure relief valve, a bulb pump, and a one-way valve. The one-way valve allows air to enter the bulb pump. The bulb pump applies pressure to the pressure relief valve when squeezed. In a first mode of operation, air passes through the pressure relief valve from the bulb pump side to the pump tube side to facilitate simultaneously inflating the air bladders, Fig. 7, par [0051], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the headphone system of Boulanger in view of Mosseri in view of Kimura such that to obtain wherein the inflatable pouch includes at least one valve that permits passage of an inflation medium into the inflatable pouch in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
Regarding claim 6, Boulanger in view of Mosseri in view of Kimura teaches the headphone system of claim 1. However, Boulanger in view of Mosseri in view of Kimura does not explicitly disclose further comprising an inflation mechanism configured to inflate the inflatable pouch (this limitation invokes 112 (f), see inflation bulb 206, Fig, 2, specification page 11, par [0042]).
Lott teaches hearing protection system for use within a helmet (see Title) in which the system includes a first air bladder, a second air bladder, a first tube, a second tube, T-block nipple fitting, a pump tube, a pressure relief valve, a bulb pump (see bulb pump, Fig. 7, par [0051], see Lott, corresponds to an inflation mechanism), and a one-way valve. The one-way valve allows air to enter the bulb pump. The bulb pump applies pressure to the pressure relief valve when squeezed. In a first mode of operation, air passes through the pressure relief valve from the bulb pump side to the pump tube side to facilitate simultaneously inflating the air bladders, Fig. 7, par [0051], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the headphone system of Boulanger in view of Mosseri in view of Kimura such that to obtain further comprising an inflation mechanism configured to inflate the inflatable pouch in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
Regarding claim 7, Boulanger in view of Mosseri in view of Kimura teaches the headphone system of claim 1. However, Boulanger in view of Mosseri in view of Kimura does not explicitly disclose further comprising a mechanical coupler configured to couple to an inner surface of headgear.
Lott teaches hearing protection system for use within a helmet (see Title) in which a mechanical coupler (hook fasteners, par [0049], see Lott) configured to couple to an inner surface of headgear (The bottom side of the air bladder couples to a helmet liner of the helmet via a plurality of bottom hook fasteners that are permanently attached (e.g., radio frequency welded) to the air bladder. In an example, the helmet liner is constructed utilizing a material that is a loop fastener material of a hook and loop fastener system, par [0049], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the headphone system of Boulanger in view of Mosseri in view of Kimura such that to obtain further comprising a mechanical coupler configured to couple to an inner surface of headgear in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
Regarding claim 16, Boulanger in view of Mosseri in view of Kimura teaches the audio system of claim 15. However, Boulanger in view of Mosseri in view of Kimura does not explicitly disclose wherein the inflatable pouch includes at least one valve that permits passage of an inflation medium into the inflatable pouch.
Lott teaches hearing protection system for use within a helmet (see Title) in which the system includes a first air bladder, a second air bladder, a first tube, a second tube, T-block nipple fitting, a pump tube, a pressure relief valve, a bulb pump, and a one-way valve. The one-way valve allows air to enter the bulb pump. The bulb pump applies pressure to the pressure relief valve when squeezed. In a first mode of operation, air passes through the pressure relief valve from the bulb pump side to the pump tube side to facilitate simultaneously inflating the air bladders, Fig. 7, par [0051], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the audio system of Boulanger in view of Mosseri in view of Kimura such that to obtain wherein the inflatable pouch includes at least one valve that permits passage of an inflation medium into the inflatable pouch in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
Regarding claim 18, Boulanger in view of Mosseri in view of Kimura teaches the audio system of claim 15. However, Boulanger in view of Mosseri in view of Kimura does not explicitly disclose further comprising a signal wire configured to couple the audio output device to the audio source.
Lott teaches hearing protection system for use within a helmet (see Title) in which the system includes a hearing enhancement system 10 that includes a left ear unit, a right ear unit, a left bladder, and a right bladder. Each of the left and right ear units includes an ear-cup and an ear seal (Fig. 1, par [0030], see Lott); a signal wire configured to couple the audio output device to the audio source (In general, a headphone includes one or more speakers (typically two) that can be held closely to the user's ears and circuitry for connecting to an audio source. For example, ear-bud headphones are held close to the user's ears by a pressure fit and include a male audio jack (i.e., including signal wire) for connecting to a source, par [0010], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the audio system of Boulanger in view of Mosseri in view of Kimura such that to obtain further comprising a signal wire configured to couple the audio output device to the audio source in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
Regarding claim 19, Boulanger in view of Mosseri in view of Kimura teaches the audio system of claim 15. However, Boulanger in view of Mosseri in view of Kimura does not explicitly disclose wherein at least a portion of a signal wire is coupled to the audio output device and a conduit coupled to the inflatable pouch.
Lott teaches hearing protection system for use within a helmet (see Title) in which the system includes a hearing enhancement system 10 that includes a left ear unit, a right ear unit, a left bladder, and a right bladder. Each of the left and right ear units includes an ear-cup and an ear seal (Fig. 1, par [0030], see Lott). Each of the left and right bladders may be included as part of a fully articulating air bladder system (par [0031], see Lott); wherein at least a portion of a signal wire is coupled to the audio output device (In general, a headphone includes one or more speakers (typically two) that can be held closely to the user's ears and circuitry for connecting to an audio source. For example, ear-bud headphones are held close to the user's ears by a pressure fit and include a male audio jack (i.e., including signal wire) for connecting to a source, par [0010], see Lott) and a conduit (pump tube, see Fig. 7, par [0051], see Lott) coupled to the inflatable pouch (In a first mode of operation, air passes through the pressure relief valve from the bulb pump side to the pump tube side to facilitate simultaneously inflating the air bladders, see Fig. 7, par [0051], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the audio system of Boulanger in view of Mosseri in view of Kimura such that to obtain wherein at least a portion of a signal wire is coupled to the audio output device and a conduit coupled to the inflatable pouch in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
Regarding claim 20, Boulanger in view of Mosseri in view of Kimura teaches the audio system of claim 15. However, Boulanger in view of Mosseri in view of Kimura does not explicitly disclose further comprising a power source coupled to at least one of the audio output device or an inflation mechanism configured to inflate the inflatable pouch.
Lott teaches hearing protection system for use within a helmet (see Title) in which the system includes a hearing enhancement system 10 that includes a left ear unit, a right ear unit, a left bladder, and a right bladder. Each of the left and right ear units includes an ear-cup and an ear seal (Fig. 1, par [0030], see Lott). Each of the left and right bladders may be included as part of a fully articulating air bladder system (par [0031], see Lott); (this limitation invokes 112 (f), see inflation bulb 206, Fig, 2, specification page 11, par [0042]) (see bulb pump, Fig. 7, par [0051], see Lott) configured to inflate the inflatable pouch (The one-way valve allows air to enter the bulb pump. The bulb pump applies pressure to the pressure relief valve when squeezed. In a first mode of operation, air passes through the pressure relief valve from the bulb pump side to the pump tube side to facilitate simultaneously inflating the air bladders, see Fig. 7, par [0051], see Lott).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection system for use within a helmet taught by Lott with the audio system of Boulanger in view of Mosseri in view of Kimura such that to obtain an inflation mechanism configured to inflate the inflatable pouch in order to improve noise reduction effectiveness, as suggested by Lott in paragraph [0054].
Response to Arguments
15. Applicant's arguments with respect to claims 1-20 have been considered but are moot in view of the new grounds of rejection.
Conclusion
16. Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/C.P.T/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695