DETAILED ACTION
This action is in response to the amendments filed 12/08/2025, claims 1-5, 8, and 10-15 are pending and have been examined.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant’s arguments, see pages 6-9, filed 12/8/2025, with respect to claims 1 and 10 have been fully considered and are persuasive. The rejection of 9/9/2025 has been withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2, 4, 11, and 13 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 2 and 11 both recite limitations corresponding to a single segment enclosed airbag, while the claims they depend upon recite the airbag comprising a multi-segment enclosed airbag, as such the air bag is being taught to simultaneously be single segments and multi-segmented, claims 4 and 13 act to further limit this single segment enclosed airbag. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1 and 10 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record Huang et al (CN 210168193 U), teaches an earmuff (Title/Abstract), wherein the earmuff further comprises an airbag base (Huang et al, FIGs 1 and 2, Guard Ring 3) and an earmuff airbag made of a soft rubber material (Huang et al, FIG. 2, Inflatable Bag 7), the earmuff airbag comprises at least one hollow enclosed airbag (Huang et al, FIG. 2, Inflatable Bag 7); the airbag base is disposed at a bottom of the earmuff airbag to enhance a support force of the bottom of the earmuff airbag (Huang et al, See Page 3, “the inner wall of the guard ring 3 is fixed to the outer wall of the inflatable bag 7”); the airbag base is also used to accommodate and tighten the earmuff sponge to reduce a maximum diameter of a root part of the earmuff (Huang et al, See Page 3, “the inflatable bag 7 inside the guard ring 3 controls the tightening degree between the guard ring 3 and the ears of a user through the amount of inflation gas, the whole tightness of the earphone is greatly improved through the design,”): the earmuff sponge is wrapped on an outer surface of the earmuff airbag (Huang et al, FIG. 1, Ear Shield 4), and the earmuff leather is wrapped on an outer surface of the earmuff sponge (Huang et al, FIG. 1, Inflatable Leather Cover 5).
Further, Chen et al (US Publication No. 2018/0139525 A1), teaches an earmuff (Chen et al, Title/Abstract), comprising earmuff leather (Chen et al, FIG. 2, Covering Piece 20, Paragraph 21, “Specifically, in the present embodiment, the covering piece 20 is made of protein leather, man-made leather or the like”) and earmuff sponge (Chen et al, FIG. 2, Soft Cushion 30, Paragraph 21, “The soft cushion 30 may be made of sponge and covered in the covering piece 20.”).
Even further, Gongoll et al (US Patent No. 3073410 A), teaches the earmuff airbag is formed through integral assembly or split assembly (Gongoll et al, FIG. 1-4 Earphone 21); when the earmuff airbag is formed through integral assembly, multiple reinforcing ribs are provided on an inner wall of the earmuff airbag to enhance support force of an inner wall of the earmuff airbag (Gongoll et al, FIG 1-4, Earphone 21, Ribs 17, 18, 20), multiple reinforcing rib engaging notches are provided on a projection formed on an inner side of the airbag base (Gongoll et al, FIG. 2 and 3), and the multiple reinforcing ribs and the multiple reinforcing rib engaging notches are mutually clamped with each other to install the airbag base at the bottom of the earmuff airbag (Gongoll et al, FIG. 2 and 3, Base Plate 2).
Huang et al, in view of Chen et al, and further in view of Gongoll et al, do not further teach the earmuff airbag comprises a multi-segment enclosed airbag; wherein the segments of the multi-segment enclosed airbag are communicated with each other through airbag spacings.
Further, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the prior art of record in a manner as required by the limitations of independent claims 1 and 10. It is for the above reasoning that the rejection of claims 1 and 10 under 35. U.S.C. 103 is withdrawn.
Claims 3, 5, 8, 12, 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 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 DYLAN M NEECE whose telephone number is (703)756-1941. The examiner can normally be reached 10am - 7pm.
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/DYLAN MAGUIRE NEECE/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/ Supervisory Patent Examiner, Art Unit 2692
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