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 .
2. This office action contains new grounds of rejection for previously indicated allowable subject matter thereby making this action NON-FINAL.
Claim Rejections - 35 USC § 103
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 (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.
4. 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.
5. Claims 1, 2, 5, 6, 10, 11, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over SUAT (“Live-streaming DJ breaks HEADLINE news”, YouTube, 2/1/22) in view of Chute (US 1,761,426 A) and Patterson (US 5,076,131 A).
Regarding claim 1, SUAT discloses a mobile entertainment system comprising: a frame, the frame has a front side (visible at 0:38 of the video, see below), a rear side (visible at 0:44, rear end/sides of the left and right frame members, see below), a left side (visible at 0:45, see below), a right side (visible at 0:44, see below), a top side (all parts of the frame have top side), and a bottom side (all parts of the frame have a bottom side), the frame is configured to be positioned around a torso of a user (see video stills below); and a harness configured to be worn over the torso of the user, wherein the frame is suspended from the harness using a plurality of coupling straps (see video stills below). SUAT fails to disclose wherein the harness comprises: a rigid support member of an elongated profile having an upper portion and a lower portion; a shoulder strap coupled to the upper portion of the rigid support member, the shoulder strap configured to be secured around shoulders and chest of the user; and a waist strap coupled to the lower portion of the rigid support member, the waist strap configured to be secured around waist of the user. The exact details of the SUAT harness aren’t clear. The shoulder straps and waist strap are visible throughout the video and he specifically mentions a waist frame (see 1:01 below) but it is not clear if the shoulder straps are coupled to an upper portion of this frame while the waist strap is coupled to a lower portion of this frame. Chute discloses a rigid support member (1) of an elongated profile having an upper portion and a lower portion; a shoulder strap (12 or 13) coupled (at 14) to the upper portion of the rigid support member, the shoulder strap configured to be secured around shoulders and chest of the user (see Figure 1); and a waist strap (19) coupled (at 9) to the lower portion of the rigid support member, the waist strap configured to be secured around waist of the user (see Figure 1) where the frame and strap system transmits a carried load to a lower part of the back or around the waist line (see lines 13-16). Patterson shows that it was already known in the art for a frame system like that of Chute to be used to support a mobile entertainment system like that of SUAT. Considering these references in their entirety, it would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the SUAT frame with a load transferring frame and strap system like that of Chute where such a frame and strap system was already known to be suitable for use in supporting a mobile entertainment system, as shown by Patterson. To be clear, this modified SUAT device would include the original equipment frame of SUAT frame being suspended from the Chute torso frame in the same manner SUAT originally shows his frame suspended from the user using a plurality of coupling straps.
Regarding claim 2, SUAT as modified above would include the mobile entertainment system of claim 1, wherein the frame comprises a left horizontal member (see 0:45 below), a right horizontal member (see 0:44 below), a front horizontal member (see 0:58 below). SUAT fails to disclose a rear horizontal member (see 0:44 below) and it is not clear whether or not there are vertical members connecting the left, right, and front horizontal members as these locations are hard to see if not completely hidden in the video. Patterson shows that it was already known to provide vertical members (16/17/21) that serve to connect the horizontal components of the frame (see Figure 2A) as well as connect the mobile equipment to the frame (see Figure 2B) such that the height of the equipment can be adjusted (see Figure 2B and col. 4 lines 25-39). Patterson also shows a horizontal support extending behind the user’s back which provides a location to store a battery (see Figure 1 and col. 4 line 68 - col. 5 line 3). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have connected the existing frame components of SUAT with vertical members like those of Patterson, the motivation being to provide height adjustability as needed. It further would have been obvious to have provided two more vertical components and another horizontal member across the rear of the SUAT system in order to provide a rear location for battery mount, as taught by Patterson. This would eliminate the need for SUAT to wear the backpack which currently houses his battery (see 0:56 below) or would simply provide another location for additional equipment to be added later.
Regarding claim 5, SUAT as modified above would include the mobile entertainment system of claim 1, wherein SUAT discloses the mobile entertainment system further comprises one or more speakers (see “eight speakers” at 0:58, see below).
Regarding claim 6, SUAT as modified above would include the mobile entertainment system of claim 1, wherein SUAT discloses the mobile entertainment system further comprises a media playback device, a turntable, an amplifier, and an audio mixer (all visible at 0:54, see below).
Regarding claim 10, the normal construction and use of the modified SUAT system would include a method for providing a DJ like musical experience to audience, the method comprising: providing a mobile entertainment system comprising: a frame, the frame has a front side, a rear side, a left side, a right side, a top side, and a bottom side, the frame is configured to be positioned around a torso of a user, as taught by SUAT, and a harness configured to be worn over the torso of the user, wherein the frame is suspended from the harness, as taught by SUAT; wherein the harness comprises: a rigid support member of an elongated profile having an upper portion and a lower portion; a shoulder strap coupled to the upper portion of the rigid support member, the shoulder strap configured to be secured around shoulders and chest of the user; and a waist strap coupled to the lower portion of the rigid support member, the waist strap configured to be secured around waist of the user, as taught by Chute, wherein the rigid support member is coupled to the frame using a plurality of coupling straps for suspending the frame, as taught by SUAT, wearing the harness over back of the user, as taught by Chute and Patterson; placing the frame around the torso of the user, wherein the frame is passed around legs or head of the user, as taught by SUAT; and coupling the harness to the frame, as taught by SUAT.
Regarding claim 11, SUAT as modified above (see claim 2 rejection above) would include the method of claim 10, wherein the frame comprises a front left vertical member, a front right vertical member, as taught by Patterson, a rear left vertical member, and a rear right vertical member, as set forth in the rejection of claim 2 above, a left horizontal member, as taught by SUAT, extends between the front left vertical member and the rear left vertical member, a right horizontal member, as taught by SUAT, extends between the front right vertical member and the rear right vertical member, a front horizontal member, as taught by SUAT, extends between the front left vertical member and the front right vertical member, a rear horizontal member extends between the rear left vertical member and the rear right vertical member, as set forth in the rejection of claim 2 above.
Regarding claim 14, SUAT as modified above would include the method of claim 10, wherein SUAT discloses the mobile entertainment system further comprises one or more speakers (see “eight speakers” at 0:58).
Regarding claim 15, SUAT as modified above would include the method of claim 10, wherein SUAT discloses the mobile entertainment system further comprises a media playback device, a turntable, an amplifier, and an audio mixer (all visible at 0:51).
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6. Claims 3, 4, 9, 12, 13, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over SUAT (“Live-streaming DJ breaks HEADLINE news”, YouTube, 2/1/22) in view of Chute (US 1,761,426 A) and Patterson (US 5,076,131 A) as applied above, further in view of Soundboks (Soundboks Backpack Review, YouTube, 5/9/21).
Regarding claims 3 and 12, SUAT as modified above would include the mobile entertainment system of claims 1 and 10, but so far fails to include wherein the mobile entertainment system further comprises a sub-woofer enclosure, the sub-woofer enclosure coupled on the rear side of the frame. SUAT discloses the use of eight speakers but never specifically mentions a subwoofer. Soundboks shows that it was already known in the art to support a subwoofer and enclosure at a user’s back side. It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the modified SUAT system with a rear mounted subwoofer, as taught by Soundboks, the motivation being to allow the user to output lower frequencies of sound.
Regarding claims 4 and 13, SUAT as modified above would include the mobile entertainment system of claims 3 and 12, but so far fails to specifically include wherein the battery (30) is positioned over the sub-woofer enclosure. SUAT has already been modified to include a rear horizontal member to which a battery can be mounted in the manner suggested by Patterson and a rear mounted subwoofer enclosure has also been added, but in no specific arrangement or specifically with the battery being positioned over the sub-woofer. It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have placed the subwoofer enclosure under the battery or vice versa. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claims 9 and 18, SUAT as modified above would include the mobile entertainment system of claims 3 and 13, wherein a length and a width of the sub-woofer enclosure corresponds (would be sized so as to be held against) to the rear side of the frame.
Response to Arguments
7. Applicant’s arguments filed 8/14/25 have been fully considered and are persuasive but are moot in view of the new grounds of rejection.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. 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, Nathan Newhouse can be reached at (571)272-4544. 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.
/JUSTIN M LARSON/ Primary Examiner, Art Unit 3734 11/10/25