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 .
Election/Restrictions
Applicant’s election without traverse of Species I, claims 1-16, in the reply filed on 12/15/2025 is acknowledged. Claims 17-20 are withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites “the port comprises: a power charging port; and a data connection port.” It is unclear if 1) there are a plurality of ports, and the plurality of ports comprises both a power charging port and a data connection port; or 2) the one port functions as both a power charging port and a data connection port. For examination purposes and as best understood by the Examiner in light of the specification, the Examiner will interpret claim 5 as interpretation 2). The figures illustrate a singular port (110) and discusses the port may be connectable to a cable, wherein the cable supplies power to the device and transmit data to the device ([0024] of the instant application publication).
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) 1-6, 8, 9, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman (US 2022/0062113) in view of Thomas (US 9439836).
Claim 1. Coleman discloses a device, comprising:
a body (35) couplable to a pacifier (40) (Figs. 1-3), wherein the body comprises a recess ([0036], [0038]; reference number 35 is referred to as a “housing component” and therefore inherently has a recess to thereby house and contain the disclosed elements of the controller, USB port, speaker, etc as described in [0038]);
a controller disposed at least partially inside the recess ([0038]);
a speaker (5) connected to the controller ([0038], [0044]); and
a sound emission aperture (aperture of where reference arrow 5 is pointing to in Fig. 1) disposed over the speaker, wherein the sound emission aperture is adapted to allow sound from the speaker to be emitted through the sound emission aperture ([0038], [0044]).
Coleman fails to disclose the specifics of the controller and therefore fails to describe the controller is a circuit board. However, in the same field of endeavor, Thomas teaches a music playing pacifier assembly (10), wherein the controller is in the form of a circuit board (70) positioned within a body (Fig. 3) and is electrically coupled to the speaker (60) (col. 3, ll. 51-59; col. 4, ll. 60 – col. 5, ll. 3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that the controller of Coleman is in fact a circuit board as taught by Thomas, in order to actuate and control all the electronic components of Coleman (Coleman: Fig. 6; [0038], [0043], [0044], i.e. a circuit board is required for the electronics of a light, volume and lighting controls to function in the wireless pacifier of Coleman).
Claim 2. The combination discloses the invention substantially as claimed above, wherein Coleman further discloses the body further comprises:
a first side (left side in Fig. 3), wherein the first side is adapted to couple to the pacifier; and
a second side (right side in Fig. 3) disposed opposite the first side, wherein the second side comprises the recess (the recess extends throughout the entirety of surface (12) of housing portion (35) and therefore the second side contains a portion of the recess since the speakers contained within the recess extends all the way to the sound emission aperture shown on the right side).
Claim 3. The combination discloses the invention substantially as claimed above, wherein Coleman further discloses the body further comprises a light indicator disposed on a surface of the body and connected to the circuit board ([0045]).
Claim 4. The combination discloses the invention substantially as claimed above, wherein Coleman further discloses the body further comprises a port (20) embedded in the body and connected to the circuit board.
Claim 5. The combination discloses the invention substantially as claimed above, wherein Coleman further discloses the port (20) comprises:
a power charging port ([0044]); and
a data connection port ([0044]).
Claim 6. The combination discloses the invention substantially as claimed above, wherein Coleman further discloses a battery disposed in the recess and connected to the circuit board ([0044]; claim 4).
Claim 8. The combination discloses the invention substantially as claimed above, wherein Coleman further discloses a volume adjustment assembly (30) that adjusts a volume of the speaker (Fig. 5; [0044]).
Claim 9. The combination discloses the invention substantially as claimed above, wherein Coleman further discloses a sound adjustment assembly (25) that changes a sound emitted from the speaker (Fig. 5; [0044]).
Claim 13. assembly (1), comprising:
a pacifier (40), comprising an artificial nipple (10) and a shield (15) disposed on an end of the artificial nipple ([0036]); and
a soothing noise device (35) disposed on the shield, wherein the soothing noise device comprises:
a body (12) disposed on the pacifier, wherein the body comprises a recess ([0036], [0038]; reference number 12 is a surface of housing component 35 and therefore inherently has a recess to thereby house and contain the disclosed elements of the controller, USB port, speaker, etc as described in [0038]);
a controller disposed at least partially inside the recess ([0038]);
a speaker (5) connected to the controller ([0038], [0044]); and
a sound emission aperture (aperture of where reference arrow 5 is pointing to in Fig. 1) disposed over the speaker, wherein the sound emission aperture is adapted to allow sound from the speaker to be emitted through the sound emission aperture ([0038], [0044]).
Coleman fails to disclose the specifics of the controller and therefore fails to describe the controller is a circuit board. However, in the same field of endeavor, Thomas teaches a music playing pacifier assembly (10), wherein the controller is in the form of a circuit board (70) positioned within a body (Fig. 3) and is electrically coupled to the speaker (60) (col. 3, ll. 51-59; col. 4, ll. 60 – col. 5, ll. 3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that the controller of Coleman is in fact a circuit board as taught by Thomas, in order to actuate and control all the electronic components of Coleman (Coleman: Fig. 6; [0038], [0043], [0044], i.e. a circuit board is required for the electronics of a light, volume and lighting controls to function in the wireless pacifier of Coleman).
Claim 15. The combination discloses the invention substantially as claimed above, wherein Coleman further discloses the shield comprises:
a first side (left side in Fig. 3) facing the artificial nipple, and
a second side (right side in Fig. 3) disposed opposite the first side; and the body being disposed on the pacifier comprises the body being disposed on the second side of the shield (Fig. 3).
Claim(s) 7, 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of Thomas as applied to claims 1 and 13 above, and further in view of Thomas et al (US 11241368).
Claim 7. The combination discloses the invention substantially as claimed above, but fails to disclose a power button assembly in connection with the circuit board, wherein the power button assembly activates and deactivates the device.
However, in the same field of endeavor, Thomas et al teaches a smart pacifier for performing sound functions, wherein a power button assembly (12) is provided to activate and deactivate the device (col. 6, ll. 1-11). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to include a power button assembly to manually shutdown or power up the device when the device is ready for use or done with use.
Claim 14. The combination discloses the invention substantially as claimed above, but fails to disclose the artificial nipple comprises a silicone. However, Thomas et al teaches the artificial nipple (14) is made of silicone (col. 6, ll. 15-16). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the artificial nipple of the combination to comprise silicone to provide a soft and baby-safe material (col. 14, ll. 20-22).
Claim 16. The combination discloses the invention substantially as claimed above, but fails the circuit board comprises a wireless input/output (I/O) interface in wireless data communication with a mobile device; and the wireless I/O interface is configured to receive wireless signals from the mobile device to perform one or more operations on the circuit board. However, Coleman does disclose the aspect of using wireless technology that is commonly used today in its device ([0044]). Thomas et al teaches using an input (1230) and output (1235) interface (1205) (Fig. 12) in a smart pacifier for wireless data communication with a mobile device; and the wireless I/O interface is configured to receive wireless signals from the mobile device to perform one or more operations on the circuit board (38) (col. 13, ll. 19-41; col. 15, ll. 36-60; col. 16, ll. 22-33). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination such that the circuit board comprises one or more input/output interfaces as taught by Thomas et al in light of Coleman’s disclosure of using commonly used wireless technology today to allow for the transfer of data and commands.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of Thomas as applied to claim 1 above, and further in view of Diaz (US 2016/0367445) and Thomas et al.
Claim 10. The combination discloses the invention substantially as claimed above, wherein Coleman discloses the circuit board comprises: a memory storing a plurality of audio files ([0002], [0047]). The combination fails to disclose the circuit board comprising a microcontroller comprising a central processing unit (CPU).
However, in the same field of endeavor, Diaz teaches a music playing pacifier (10) wherein the circuit board (32) comprises a conventional microcontroller in the form of a central processing unit ([0017]; i.e. microprocessor). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination such that the circuit board comprises a microcontroller comprising a CPU as taught by Diaz as Diaz teaches this is an old and well known (e.g. conventional) form of predictably providing the control logic of the device.
The combination further fails to disclose one or more input/output (I/O) interfaces. However, Coleman does disclose the aspect of using wireless technology that is commonly used today in its device ([0044]). Thomas et al teaches using an input (1230) and output (1235) interface (1205) (Fig. 12) in a smart pacifier for wirelessly communicating information and select commands among the system (col. 16, ll. 22-33). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination such that the circuit board comprises one or more input/output interfaces as taught by Thomas et al in light of Coleman’s disclosure of using commonly used wireless technology today.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of Thomas as applied to claim 1 above, and further in view of Bishop (US 2024/0367196).
Claim 11. The combination discloses the invention substantially as claimed above, but fails to disclose one or more components of the speaker limit a volume of the speaker to below a threshold volume. However, in a field reasonably pertinent to the particular problem with which Applicant was concerned with, namely providing music to an infant, Bishop teaches a musical toy for a child, wherein a component of the speaker limits a volume of the speaker to below a threshold volume ([0038]; i.e. parental controls of volume limit). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to include such a limit on the volume of the speaker to below a threshold volume to maintain a safe decibel level for the child.
Claim 12. The combination discloses the invention substantially as claimed above, but fails to disclose the circuit board limits a volume of the speaker below a threshold volume. However, Coleman does disclose the controller, as modified by Thomas into a circuit board, controls the volume of the speaker (via volume adjustment assembly 30; [0044]). Bishop teaches a musical toy for a child, wherein a volume of the speaker can be limited to below a threshold volume ([0038]; i.e. parental controls of volume limit). Therefore, since the volume in the Coleman is controlled by the circuit board via the volume adjustment assembly (30), it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to have the circuit board limit a volume of the speaker below a threshold volume based upon the teachings of Bishop to maintain a safe decibel level for the child.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hsu (US 2009/0197504) discloses an input/output interface for wireless communication in a child’s toy.
Malone (US 2017/0020788), Coleman (US 2007/0265661), Hubert (US 4554919), Moriarty (US 6193742), Teves (US 4856519), Uhler (US 5662685), Harlan et al (US 6102935), Shrock (US 5772684), Simsek (DE 102009052414), Kim (CN 101951867) disclose a sound/lullaby/musical pacifier.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE M SHI whose telephone number is (571)270-5620. The examiner can normally be reached Mon-Thurs, 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571)272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHERINE M SHI/Primary Examiner, Art Unit 3771