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 .
Response to Arguments
Applicant's arguments filed 3/30/26 regarding independent claims 1 and 15 have been fully considered but they are not persuasive. Applicant argues that Henry does not disclose a sound absorbing material. Applicant argues that while Henry discloses a material described as resilient foam this doe not inherently meet the definition of sound absorbing material. Examiner disagrees, as the material will inherently, by nature of its deformability and resiliency absorb some sound. The claim does not require any specific degree of sound absorption and as such any degree of sound absorption by the material will result in a sound absorbing material.
Applicant’s arguments, see remarks, filed 03/30/26, with respect to claims 6-7 and 10-13 have been fully considered and are persuasive. The rejection of 12/29/25 has been withdrawn.
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.
Claim(s) 1-5,8-9 and 15 are rejected under 35 U.S.C. 102a1 as being anticipated by Henry (WO2015073146).
With respect to claim 1 Henry discloses a hearing protection device comprising: at least one earmuff or earplug (40) optionally a headband for carrying the at least one earmuff or earplug; Electronic equipment (see page 6 section titled Earpiece body); Sound-absorbing material (44) and A haptic sensing unit (21 as discussed on page 7 touch sensitive switch) to sense a touch pattern occurring on at least a first portion of the hearing protection device, preferably of the at least one earmuff or earplug and/or of the head band.
With respect to claim 2 Henry further discloses (see pages 6 and 7) wherein the electronic components may be selected from an active communication unit, an active noise cancellation unit or other switchable components.
With respect to claim 3 Henry further discloses wherein the haptic sensing unit comprises at least one sensor, wherein the at least one haptic sensor optionally comprises one of an accelerometer, a transducer and a touch sensor (see touch sensor as disclosed in pages 6-7 "touch sensitive switch").
With respect to claim 4 Henry further discloses wherein the haptic sensing unit is programmed to execute a command (see page 7 lines 10-15), wherein the command optionally includes one or more of the listed commands (as the commands listed are in the optional, they have not been giver patentable weight).
With respect to claim 5 Henry further discloses wherein the haptic sensing unit comprises a plurality of haptic sensors (see page 7 lines 10-15), wherein each sensor is disposed in a different portion of the earmuff, earplug or headband, wherein at least one haptic sensor optionally comprises at least one of an accelerometer, a transducer and a touch sensor (touch sensitive switch is disclosed). With respect to claim 8 Henry further discloses wherein the hearing protection device operates in a first mode when the haptic sensing unit senses a predetermined touch pattern such that the hearing protection device is switched into a second mode (page 7 lines 10-15, switching between settings).
With respect to claim 9 Henry further discloses wherein the at least one haptic sensor is mounted on a portion of the at least one earmuff, earplug or headband (see element 21 mounted on earplug in figure 1).
With respect to claim 15 Henry discloses a method of switching a hearing protection device from a first mode into a second mode, the hearing protection device comprising at least one earmuff earplug or optionally a headband for carrying the at least one earmuff or earplug (earplug shown), Sound absorbing material (44) and a haptic sensing unit (21) to sense a touch pattern occurring on at least a first portion of the hearing protection device preferably of the at least one earmuff earplug or headband, the method comprising the steps of:
Providing a haptic sensing unit (21) having a haptic sensor configured to sense a touch pattern occurring on at least a first portion of the hearing protection device, [preferable of the at least one earmuff earplug or headband, Executing a command when the haptic sensor senses a touch pattern occurring on at least a first portion of the hearing protection device preferably of the at least one earmuff earplug or headband; and Triggering a particular state for hearing protection device based on the touch pattern sensed (see pages 6 and 7), Wherein the command optionally includes one or more of the claimed commands (as the claims are in the optional they have not been given weight).
Allowable Subject Matter
Claims 6-7 and 10-14 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose or to fairly suggest the invention in the combination as claimed. Applicant’s remarks are persuasive in this regard.
Conclusion
THIS ACTION IS MADE FINAL. 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 FORREST M PHILLIPS whose telephone number is (571)272-9020. The examiner can normally be reached Monday-Friday from 9:00-5:00.
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, Dedei Hammond can be reached at (571) 272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST M PHILLIPS/Primary Examiner, Art Unit 2837
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