The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1, 7-10, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailey (US 2008/0134402).
Regarding claim 1, Bailey discloses a device (see figures 1-8), comprising: an elongated member 26/46 (“boom microphone arm”) having a first end and a second end; an attachment mechanism that is secured along the first end of the elongated member 26/46 (see figs. 6-7, and para. 0027, regarding “arm member 46 [is] rotatably connected at a first end 48 thereof to a predetermined location 50 on such audio headset communication apparatus 44”); and a privacy panel 14 (“shield member”) that is secured along the second end of the elongated member 26/46 (see figs. 3-4, for example). The attachment mechanism includes functionality for engaging a headset 44 (see para. 0027, regarding “arm member 46 [is] rotatably connected at a first end 48 thereof to a predetermined location 50 on such audio headset communication apparatus 44”). The privacy panel 14 is configured to be positioned adjacent to a microphone 54 of the headset (see fig. 8, for example).
Regarding claim 7, the attachment mechanism includes functionality for permitting the device to transition between a device up position (see fig. 6) and a device down position (see fig. 5) in conformity with a movement of the microphone 54 to a microphone up position and a microphone down position.
Regarding claim 8, in the device down position and the microphone down position, the privacy panel 14 covers a mouth of a user wearing the headset (see fig. 5).
Regarding claim 9, in the device up position and the microphone up position, the privacy panel 14 does not cover a mouth of a user wearing the headset (see fig. 6).
Regarding claim 10, the attachment mechanism is configured to engage a swivel housing of the headset. See figs. 5-7, and para. 0027, regarding “arm member 46 [is] rotatably connected at a first end 48 thereof to a predetermined location 50 on such audio headset communication apparatus 44”.
Regarding claim 16, a hinge (e.g., clip 16 acting as a swivel hinge or pivot hinge which allows movement along a single swinging axis) is positioned between the second end of the elongated member 26/46 and the privacy panel 14. See fig. 3, for example. The hinge (clip 16) functions to permit the privacy panel 14 to rotate 180 degrees relative to the elongated member 26/46 as claimed.
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.
Claims 2-6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Bailey (US 2008/0134402), as applied to claim 1 above, in further view of Perkins (US 2022/0295165).
Bailey discloses the invention as claimed, including that the elongated member 26/46 is configured to be in the shape of a microphone boom connecting the microphone 54 to a speaker cup of the headset (see figs. 5-8, for example, and note that the elongated member and microphone boom are considered the same element 46), but fails to specifically teach that the elongated member 26/46 is constructed from a malleable material which is configured to adjust to a shape of the microphone boom 26/46 or that the elongated member 26/46 includes shape memory. Perkins discloses a dual arm headset, including a first arm 180 and a second arm 160, wherein “the first arm 160 and second arm 180 include a flexible cable or extension that may be selectively bent to allow the first arm 160 and second arm 180 to be positioned in differing configurations”, in the same field of endeavor, for the purpose of allowing a user of the device to apply force to an arm to reposition the arm to a desired position (para. 0038).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Bailey, in view of Perkins, such that the elongated member 26/46 is constructed from a malleable material which is configured to adjust to a shape of the microphone boom 26/46 and that the elongated member 26/46 includes shape memory. A practitioner in the art would have been motivated to do this for the purpose of allowing a user of the device to apply force to the elongated member 26/46 to reposition the member to a desired position.
Regarding claim 3, the device further includes at least one boom clip 16 that is positioned along the elongated member 26. See Bailey, fig. 3, for example.
Regarding claim 4, the at least one boom clip 16 is configured to removably engage the microphone boom 26. See Bailey, figs. 2-3, for example.
Regarding claim 5, the at least one boom clip 16 is fixedly secured onto the elongated member 26. See Bailey, fig. 3, for example. Note that “fixedly” is defined as being “firmly in position” or “securely placed or fastened”, and the boom clip 16 is considered to be firmly in position and securely placed or fastened on the elongated member 26, or at least it would have been obvious to do so, such that the privacy panel 14 will not twist around the elongated member 26 when worn by the user.
Regarding claim 6, each of the at least one boom clip 16 is slidingly secured onto the elongated member 26. See Bailey, fig. 3, for example.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bailey (US 2008/0134402), as applied to claim 1 above, in further view of Yoon (US 2004/0213427).
Bailey discloses the invention as claimed, including an attachment mechanism that is secured along the first end of the elongated member 26/46, wherein the attachment mechanism includes functionality for engaging the headset (see figs. 6-7, and para. 0027, regarding “arm member 46 [is] rotatably connected at a first end 48 thereof to a predetermined location 50 on such audio headset communication apparatus 44”), but fails to specifically teach that the attachment mechanism includes a clip having a shape and size that is complementary to a shape and size of a swivel housing of the headset, and the clip being configured to secure the attachment mechanism to the swivel housing. Yoon discloses a headset including an elongated member 11 and an attachment mechanism 20 that is secured along a first end of the elongated member 11 (see figs. 3 and 8, for example), wherein the attachment mechanism 20 includes functionality for engaging the headset, wherein the attachment mechanism 20 includes a clip (e.g., snap-on clip) having a shape and size that is complementary to a shape and size of a swivel housing 12 of the headset, and the clip being configured to secure the attachment mechanism to the swivel housing 20, in the same field of endeavor, for the purpose of attaching the elongated member 11 to the headset such that the elongated member 11 can be rotatably adjusted as shown in figure 8.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Bailey, in view of Yoon, such that the attachment mechanism includes a clip (e.g., snap-on clip) having a shape and size that is complementary to a shape and size of a swivel housing of the headset, and the clip being configured to secure the attachment mechanism to the swivel housing. A practitioner in the art would have been motivated to do this for the purpose of attaching the elongated member 11 to the headset using a snap-on clip as taught by Yoon, such that the elongated member 11 can be rotatably adjusted as shown in figure 8 of Yoon.
Claims 13-15 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.
Applicant's arguments filed March 5, 2026 have been fully considered but they are not persuasive. The applicant argues that “the integrated boom microphone of a users audio headset to which the device 10 of Bailey may be secured is not the same as a ‘device’ comprising: ‘an elongated member having a first end and a second end; an attachment mechanism that is secured along the first end of the elongated member; and a privacy panel that is secured along the second end of the elongated member,’ as recited in claim 1.” The examiner respectfully disagrees. Bailey discloses the invention as claimed. Specifically, Bailey discloses a device (see figures 1-8), comprising: an elongated member 26/46 (“boom microphone arm”) having a first end and a second end; an attachment mechanism that is secured along the first end of the elongated member 26/46 (see figs. 6-7, and para. 0027, regarding “arm member 46 [is] rotatably connected at a first end 48 thereof to a predetermined location 50 on such audio headset communication apparatus 44”); and a privacy panel 14 (“shield member”) that is secured along the second end of the elongated member 26/46 (see figs. 3-4, for example), as claimed.
Accordingly, the rejections are deemed correct and are maintained.
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 PAUL W HUBER whose telephone number is (571)272-7588.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen, can be reached at telephone number 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W HUBER/Primary Examiner, Art Unit 2691
pwh
March 15, 2026