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 .
Claims filed 4-30-2024
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4-30-2024 was filed on the mailing date of the application filed on 4-30-2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 1-3, 5, 8-13, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McClung 2012/0095768
Regarding claim 1, McClung discloses a lip-reading cover device that prevents opposing teams from reading a coach’s lips, the lip-reading cover device (Figs 2B- 2J, 4A-6B, 8, 10A-15F, 16, 17A-17B, 18B, 18D, 18E, Abstract) comprising:
a cover component (Figs 17A-17B a cover component/blocker 175, para [120])
wherein the cover component obscures or partially obscures a user’s mouth preventing lip- reading (Figs 2A, 2F, 2G, 6B, 8, 16, 17A-17B shows cover component/blocker obscure a user’s mouth preventing lip-reading, abstract, para [18-19, 79, 83, 85, 120-121]);
wherein the cover component (Figs 17A-17B a cover component/blocker 175, para [120]) is secured to a microphone (Fig 17A-17B microphone 174, para [120]) of a headset (headset/system 170, para [120]) and
further wherein a user can speak clearly into the microphone without the cover component blocking the sound (Fig 17A shows blocker 175 movable away from the microphone 174 so a user can speaker clearly into the microphone 174 without the cover component blocking the sound, para [120-121]).
Regarding claim 2, McClung discloses the lip-reading cover device of claim 1, wherein the cover component (Figs 17A-17B shows a cover component/blocker 175, para [120] is configured in a rectangular shape with a front surface, a back surface, opposing top and bottom sides and, and opposing left and right sides (Fig 2E further shows blocker may be any desired suitable shape, configuration, and size so long as it sufficiently blocks a system user’s lip so that what the person is saying cannot be monitored or so that their lips cannot be read and/or that speech of the person speaking is muffled and/or dissipated. See para [82]).
Regarding claim 3, McClung discloses the lip-reading cover device of claim 2, wherein the cover component comprises an inner cavity, and the cover component is configured to be secured around the microphone of the headset like a sleeve (Fig 6B shows cover component/blocker 64 comprising an inner cavity, and the blocker 64 is configured to be secured around the microphone 63 of the headset like a sleeve para [95], Fig 3B and para [89] discloses a headset apparatus 31, an arm 32, a blocker 33, and a microphone 34 within or connected to the blocker 33).
Regarding claim 5, McClung discloses the lip-reading cover device of claim 2, wherein the cover component is configured as a flat, rectangular (Figs 17A-17B shows a cover component/blocker 175, para [120]) or oval shape with minimal width (further Fig 2E shows blocker may be any desired suitable shape, such as rectangular, oval, circular, with minimal width, configuration, and size so long as it sufficiently blocks a system user’s lip so that what the person is saying cannot be monitored or so that their lips cannot be read and/or that speech of the person speaking is muffled and/or dissipated. See para [82]).
Regarding claim 8, McClung discloses the lip-reading cover device of claim 7, wherein the cover component comprises a knob with a two-way hinge positioned behind the microphone and secured to the cover component which allows a user to manually flip the cover component outward and away from the mouth when not in use (Fig 5A-5C, 6B, 8, 16, 17A-18B shows a knob with a two way hinge which allows a user to manually flip the cover component outward and away from the mouth when not in use).
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or slide the cover component upward and out of way of the microphone
Regarding claim 9, McClung discloses the lip-reading cover device of claim 8, wherein the cover component (Figs 15D shows cover component/blocker 153 comprises a plurality of perforations that allow for air to pass through, para [110, 112]).
Regarding claim 10, McClung discloses the lip-reading cover device of claim 9, wherein the cover component (Figs 15D shows cover component/blocker 153 with the plurality of perforations would be configured in a mesh structure [110, 112]).
Regarding claim 11, McClung discloses the lip-reading cover device of claim 1, wherein the cover component is disposable (para [106] disclose cover component/blocker 140 is disposable, Fig 14).
Regarding claim 12, , McClung discloses the lip-reading cover device of claim 1, wherein the cover component is reusable (para [13, 111, 112] discloses the cover component/blocker may be made of fabric, cloth, the blocker made of fabric, cloth is reusable).
Regarding claim 13, McClung discloses the lip-reading cover device of claim 1, wherein the cover component comprises a team or sponsor logo affixed to the front surface (para [86-87] Figs 2I, 2J discloses blocker 206 with a body bearing a symbol, sign, trademark, word(s), indicia, image or logo).
Regarding claim 20, McClung discloses a method of blocking a user’s mouth to prevent lip reading during a sporting event (Figs 2B- 2J,4A-6B, 8, 10A-15F, 16, 17A-17B, 18B, 18D, 18E, Abstract),
the method comprising the following steps
providing a lip-reading cover device (Figs 17A-17B a cover component/blocker 175, para [120]) comprising a perforated cover that covers the lips of a coach to prevent lip-reading (Figs 2A, 2F, 2G, 6B, 8,16, 17A-17B shows cover component/blocker obscure a user’s mouth preventing lip-reading, abstract, para [18-19, 79, 83, 85, 120-121] and Figs 15D shows cover component/blocker 153 comprises a plurality of perforations that allow for air to pass through, para [110, 112]);
applying the lip-reading cover device (Figs 17A-17B a cover component/blocker 175, para [120]) to a microphone (Figs 17A-17B microphone 174, para [120]) of a headset of a coach’s headset (headset/system 170, para [120]);
positioning the microphone with the lip-reading cover device in front of the coach’s lips (Figs 2A, 3B, 5A-5C, 16, 17A-17B, 18B shows position the microphone with the lip-reading cover/blocker in front of the coach’s lips);
allowing the lip-reading cover device to move with the microphone to stay in position hands-free (Figs 2A, 3B, 5A-5C, 16, 17A-17B, 18B shows); and
moving the lip-reading cover device out of the way, when the coach requires face-to-face communication (Fig 5A-5C, 6B, 8, 16, 17A-17B, 18B shows a knob with a two way hinge which allows a user to manually flip the cover component outward and away when the coach requires face-to-face communication).
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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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over McClung 2012/0095768 in view of Johnson 2020/0322708
Regarding claim 4, McClung does not explicitly disclose the claimed limitation as recited in claim 4.
Johnson teaches the lip-reading cover device of claim 3, wherein the cover component (Fig 10, mouthguard apparatus 100, para [68]) comprises an opening (Fig 10 show an opening where microphone boom 902 inserted into in the back surface, para [68]), which exposes the microphone and removes the microphone from the cover component, without removing the cover component from around a microphone arm (para [87] in another embodiment teaches mouthguard apparatus 2100 such that when a microphone boom is inserted into the lumen 2102, although in an embodiment of the invention, the apparatus 2100 is easily attachable and removable from the microphone boom before and after use, respectively, by sliding the microphone boom through the lumen 2102 and then back out again. Figs 21A-21C).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Johnson in McClung’s invention, the mouthguard apparatus at least one feature within the cavity shaped and sized to enhance acoustics within the cavity and/or hold a portion of the headset securely. See Johnson’s para [22].
Claim(s) 6-7, 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over McClung 2012/0095768 in view of Ward 2008/0089546
Regarding claim 6, McClung does not explicitly disclose the claimed limitation as recited in claim 6.
Ward teaches the lip-reading cover device of claim 5, wherein the cover is secured to the microphone via a pair of clips attached to the back surface of the cover component and then secured around the microphone (Ward teaches the similar concept as shown in Figs 8-9, a microphone shield device/cover component comprises a clip 340 having a pair of resilient legs 342. The legs 342 are configured to deflect and return to their original position to attach to a tubular structure for secure the microphone, para [32] and Figs 10-11 shows the microphone shield device/cover component includes a clamping device having a threaded rod 350 with a wing nut 360 connected thereto. At least one of the two clamp halves 370 is driven toward the opposing clamp half to secure the microphone shield device to a microphone headset system. Figs 6-7 shows front and rear view of a microphone secured to a microphone shield device/cover component;
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Ward in McClung’s invention, thus the user may position the microphone shield device in a plurality of position on the microphone headset system to provide the maximum amount of benefit that may be achieve. See Ward’s para [30].
Regarding claim 7, McClung does not explicitly disclose the claimed limitation as recited in claim 7.
Ward teaches the lip-reading cover device of claim 6, wherein the cover component also comprise hinges attached to the back surface that will attach to the 33 microphone and will allow the cover component to swing away from a user’s face, while retaining the microphone in front of a user’s mouth for use (Figs 1-3, cover component/microphone shield device 300 includes a microphone shield plate 310, a microphone shield device attachment clip 340. The shield plate arm 320 connects at a first end to shield plate 310 and is pivotally connected at a second end to a pivot point 330 on a first end of microphone shield device attachment clip 340. Accordingly, the user is able to pivot the microphone shield device in and out of position in front of microphone 210, para [30-31]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Ward in McClung’s invention, thus the user may position the microphone shield device in a plurality of position on the microphone headset system to provide the maximum amount of benefit that may be achieve. See Ward’s para [30].
Regarding claim 14, McClung discloses a lip-reading cover device that prevents opposing teams from reading a coach’s lips, the lip-reading cover device (Figs 2B- 2J,4A-6B, 8, 10A-15F, 16, 17A-17B, 18B, 18D, 18E, Abstract) comprising:
a cover component (Figs 17A-17B a cover component/blocker 175, para [120])
is configured in a flat, rectangular (Figs 17A-17B shows) or oval shape with minimal width and a front surface, a back surface, opposing top and bottom sides and, and opposing left and right sides (further Fig 2E shows blocker may be any desired suitable shape, such as rectangular, oval, circular, with minimal width, configuration, and size so long as it sufficiently blocks a system user’s lip so that what the person is saying cannot be monitored or so that their lips cannot be read and/or that speech of the person speaking is muffled and/or dissipated. See para [82]);
wherein the cover component obscures or partially obscures a user’s mouth preventing lip- reading (Figs 2A, 2F, 2G, 6B, 8, 16, 17A-17B shows cover component/blocker obscure a user’s mouth preventing lip-reading, abstract, para [18-19, 79, 83, 85, 120-121]);
wherein the cover component (Figs 17A-17B a cover component/blocker 175, para [120]) is secured to a microphone (Figs 17A-17B microphone 174, para [120]) of a headset (headset/system 170, para [120]) and
wherein the cover component (Figs 15D shows cover component/blocker 153 comprises a plurality of perforations that allow for air to pass through); wherein the cover component with the plurality of perforations would be configured in a mesh structure (Fig 15D, blocker 153 in a mesh structure/a screen mesh 154, para [110, 112]); and
further wherein a user can speak clearly into the microphone without the cover component blocking the sound (Fig 17A shows blocker 175 movable away from the microphone 174 so a user can speaker clearly into the microphone 174 without the cover component blocking the sound, para [120-121]).
McClung does not explicitly disclose wherein the cover component is secured to a microphone via a pair of clips attached to the back surface of the cover component and then secured around the microphone of a headset;
wherein the cover component also comprise hinges attached to the back surface that will attach to the microphone and will allow the cover component to swing away from a user’s face, while retaining the microphone in front of a user’s mouth for use.
Ward teaches wherein the cover component is secured to a microphone via a pair of clips attached to the back surface of the cover component and then secured around the microphone of a headset (Ward teach the similar concept as shown in Figs 8-9, a microphone shield device/cover component comprises a clip 340 having a pair of resilient legs 342. The legs 342 are configured to deflect and return to their original position to attach to a tubular structure for secure the microphone, para [32] and Figs 10-11 shows the microphone shield device/cover component includes a clamping device having a threaded rod 350 with a wing nut 360 connected thereto. At least one of the two clamp halves 370 is driven toward the opposing clamp half to secure the microphone shield device to a microphone headset system. Figs 6-7 shows front and rear view of a microphone secured to a microphone shield device/cover component;
wherein the cover component also comprise hinges attached to the back surface that will attach to the microphone and will allow the cover component to swing away from a user’s face, while retaining the microphone in front of a user’s mouth for use (Figs 1-3, cover component/microphone shield device 300 includes a microphone shield plate 310, a microphone shield device attachment clip 340. The shield plate arm 320 connects at a first end to shield plate 310 and is pivotally connected at a second end to a pivot point 330 on a first end of microphone shield device attachment clip 340. Accordingly, the user is able to pivot the microphone shield device in and out of position in front of microphone 210, para [30-31]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Ward in McClung’s invention, thus the user may position the microphone shield device in a plurality of position on the microphone headset system to provide the maximum amount of benefit that may be achieve. See Ward’s para [30].
Regarding claim 15, McClung discloses the lip-reading cover device of claim 14, wherein the cover component (Figs 17A-17B a cover component/blocker 175, para [120])
is secured to an arm (Figs 17A-17B shows microphone 174 on the support arm 173, para [120]).
Regarding claim 16, McClung discloses the lip-reading cover device of claim 14, wherein the cover component is secured to the headset via a snap close attachment (Figs 2A, 3B, 5A-5C, 6B, 8, 16-17 shows cover component/blocker is secured to the headset, and para [78] discloses the blocker/cover component may be connected to a headset, with one of fastener, fasteners, friction fit, press fit, releasably cooperating structure).
Regarding claim 17, McClung discloses the lip-reading cover device of claim 14, wherein the cover component (Figs 2A, 3B, 5A-5C, 6B, 8, 16, 17A-17B, a cover component/blocker 175, para [120] shows comprises an elongated length to cover microphones that are offset to a right or left of a user’s mouth. Also see Fig 2E, para [82] discloses blocker may be any desired suitable shape, such as rectangular, oval, circular, with minimal width, configuration, and size so long as it sufficiently blocks a system user’s lip so that what the person is saying cannot be monitored or so that their lips cannot be read and/or that speech of the person speaking is muffled and/or dissipated. See para [82]).
Regarding claim 18, McClung discloses the lip-reading cover device of claim 14, wherein the cover component comprises a coating that is water-resistant or waterproof (by definition many common waterproof materials are synthetic material, natural material, fibers, woven material, see para [13], and that is antibacterial (para [112] discloses within the scope of the invention for any blocker/cover component to contain, be coated with, and/or to have therein or thereon one or more antibacterial material, for example the blocker of Fig 2A, the screen mesh 154, and the fabric etc. 156 and any blocker in Figs 2E-2H, 4A-8, 9a-17B may contain or have any of these materials therein and/or thereon) or antimicrobial.
Regarding claim 19, McClung discloses the lip-reading cover device of claim 14 further comprising a plurality of indicia (para [86-87] Figs 2I, 2J discloses blocker 206 with a body bearing a symbol, sign, trademark, word(s), indicia, image or logo).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE X DANG whose telephone number is (571)272-0040. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R Edwards can be reached at 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIE X DANG/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692