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 .
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 are rejected under 35 U.S.C. 102/(a)(1) as being anticipated by Zimmermann et al. (US4700397).
As to Claim 1, Zimmermann teaches a body adhesion device (support system comprising a microphone holder, Figures 1 and 2), comprising: a first surface comprising: an elevated element (holder body 12 has an upper surface 22 of a generally convex form. See at least page 3, lines 9-10), a first aperture, a second aperture, and a channel connecting the first aperture to the second aperture, the channel extending through the elevated element (The upper surface 22 has a recess 14, typically 3/16 by 7/16 inch and accessible through an aperture in the upper surface and adapted to secure a microphone 16 within the recess and below the upper surface 22. The microphone is preferrable un-encased, meaning that the sound responsive element is exposed to the environment, without an overlying covering. Miniature microphones of such design are readily available in the art. (6) The leads to the microphone are guided to the recess 14 through a channel 20 which is nearly covered at the surface 22 to prevent the bump of the leads from showing through covering clothing worn by the agent. See at least page 3 lines 12-19); a second surface (lower surface of body 12) opposite the first surface (upper surface 22 of body 12), the second surface comprising: an adhesive (adhesive tape 32 adapted to adhesion to the lower surface of the body 12. See at least page 3 lines 20-27), and a release liner coupled to the adhesive (backing or release sheet 40 provided with the disk-shaped adhesive layer thereon. See at least page 2 lines 31-32 and page 3 lines 33-34.)
As to Claim 2, Zimmermann teaches the limitations of Claim 1, and wherein the first aperture and second aperture are configured to be smaller in diameter than a microphone, tube, or cable to be received therethrough (the upper surface 22 has a recess 14, typically 3/16 by 7/16 inch and accessible through an aperture in the upper surface and adapted to secure a microphone 16 within the recess and below the upper surface 22. Thus, since the microphone is secured within the recess, its diameter is smaller than the first and second aperture. See at least page 3, lines 12-16).
As to Claim 3, Zimmermann teaches the limitations of Claim 1, and wherein the first aperture, second aperture, and channel are configured to flex in size to receive a microphone, tube, or cable therethrough (the disk-shaped holder body 12 is formed of soft and flexible plastic material such as silicone rubber and the upper surface 22 has a recess 14 to secure the microphone 16, thus Zimmermann implicitly teaches the recess 14 is flexible to receive the microphone 16. See at least page 3 lines 3-6 and lines 13-15).
Claims 4-8 are rejected under 35 U.S.C. 102/(a)(1) as being anticipated by Bruckbauer (DE20115732U1), hereinafter “Bruckbauer”.
As to Claim 4, Bruckbauer teaches a body adhesion device (holding device 1, Figures 1-3) comprising: a first surface comprising: a first elevated element separated from a second elevated element by a channel (receiving device 2 having a receiving opening 5( as seen on Figures 1, 2 a channel 5 is formed within two elevated elements of the receiving device 2) and a cable or generally an elongated object can be easily pressed into the receiving opening or the receiving slot 5 and can be held securely by the tapering cross-section 6 and without additional securing or fixing elements. See at least page 3 lines 30-38); a second surface opposite the first surface, the second surface comprising: an adhesive (adhesive layer 7 formed on adhesive strip or plaster 3, Figures 1-3), and a release liner (cover layer 8 that can be peeled off) coupled to the adhesive (adhesive strip 3) See at least page 4 lines 6-11.).
As to Claim 5, Bruckbauer teaches the limitations of Claim 4 and, wherein the channel (receiving opening 5, Figures 2, 3 has a first width at a top of the channel, and a second width less than the first width at the bottom of the channel (tapering crossection of the receiving opening 5 as shown on Figures 2, and 3).
As to Claim 6, Bruckbauer teaches the limitations of Claim 4 and wherein the channel is flexible under pressure so as to receive a cable or tube therein, the first width configured to be smaller than the width of a cable or tube to be received therein ( as seen on Figures 1, 2 a channel 5 is formed within two elevated elements of the receiving device 2) and a cable or generally an elongated object can be easily pressed into the receiving opening or the receiving slot 5 and can be held securely by the tapering cross-section 6 and without additional securing or fixing elements. See at least page 3 lines 30-38).
As to Claim 7, Bruckbauer teaches a method of using a body adhesion device (using the holding device shown schematically in the drawings, for example for securing a radio microphone 9, the holding device 1 is secured to a singer or actor. See at least the method comprising: peeling a release liner from an adhesive layer; placing a microphone, tube, or cable in a channel of the body adhesion device; placing the adhesive layer on the skin an individual, after peeling off or removing the cover layer 8, the holding device 1 can be secured immediately. After the holding device 1 has been positioned and secured as desired, the object to be secured, for example the radio microphone or a cable thereof, is placed in the receiving opening 5, whereupon the holding device 1 can be covered, for example by makeup. See at least page 4, [0002].
As to Claim 8, Bruckbauer teaches the limitations of Claim 7 and, further comprising removing the microphone, tube, or cable by withdrawing the microphone, tube, or cable from the channel, if it becomes necessary to replace the object 9 held in the holding device 1, in particular the cable of a radio microphone, it is sufficient to simply remove the cable or microphone from the holding device 1 and insert a new radio microphone, without the entire holding device 1 having to be removed and subsequently repainted. See at least page 4, [0002].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691