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 .
DETAILED ACTION
Claim Objections
1. Claims 2-12 are objected to because of the following informalities: claims 2-12 recite “A headband” should be - The headband -. Appropriate correction is required.
Claim Rejections - 35 USC § 103
2. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
3. Claims 1, 6-8, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Nageno et al. (US Patent 5,406,037) in view of Lefebvre et al. (WO 2020252998).
As to claim 1, Nageno teaches a headband for headphones comprising:
a flexurally elastic headband element (col. 1, lines 30-35 - The headband 1 includes a plate-like member having elasticity) which extends in the shape of an arc having a concave inner side (Fig. 5; col. 4, lines 2-8; prior art Fig. 2 and col. 2, lines 24-38 - support member 22 is of circular-arc form. Three concave portions 23 are provided on the inner periphery of the housing support member 22, and a cutaway portion 24 is provided in the center of each of these concave portions 23 ), and which has at least one of its ends configured for holding an earcup (Figs. 1 & 2 and col. 4, lines 23-28), and
a flexible support band configured to rest on the head of a wearer of the headband and including a section suspended at its two ends from the headband element on the concave inner side, wherein said section has an adjustable length (Fig. 4; col. 1, line 52 through col. 2, line 2).
Nageno does not explicitly mention a convex outer side.
Lefebvre teaches the ear shell 220 can be made of plastic integrally molded, and the wavy and concave-convex design of the stretching arm 221 not only benefits the appearance of the earphone, but also effectively enhances the overall structural strength of the ear shell 220. Of course, the third connecting part 221c The convex arc-shaped design can also provide a certain avoidance space for the adjustment of the earmuff 230 connection line 400 (Figs. 5, 7, 8 and throughout the document).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Lefebvre into the teachings of Nageno for the purpose of having convex arc-shaped design can also provide a certain avoidance space for the adjustment of the earmuff connection line.
As to claim 6, Nageno teaches the headband in accordance with claim 1, further comprising a tensioning strap which extends between the headband element and the support band and includes a section of adjustable length (col. 5, lines 12-18; Fig. 6 - the suspender 56 is wound around the outer surface of the drum 61. The end of the suspender 56 is fixed to the outer surface of the drum 61 using adhesive or is attached to the drum by a groove being created in the outer surface of the drum 61 and the end of the suspender 56 being inserted into and fixed in the groove).
As to claim 7, Nageno teaches the headband in accordance with claim 6, wherein the tensioning strap includes a first section extending laterally between the support band and the headband element (col. 5, lines 12-18; Figs. 6 and 8 - the suspender 56 is wound around the outer surface of the drum 61. The end of the suspender 56 is fixed to the outer surface of the drum 61 using adhesive or is attached to the drum by a groove being created in the outer surface of the drum 61 and the end of the suspender 56 being inserted into and fixed in the groove).
As to claim 8, Nageno teaches the headband in accordance with claim 7, wherein the tensioning strap includes a second section extending between the support band and the headband element above the first section (Figs. 6 and 8 - the suspender 56 is wound around the outer surface of the drum 61. The end of the suspender 56 is fixed to the outer surface of the drum 61 using adhesive or is attached to the drum by a groove being created in the outer surface of the drum 61 and the end of the suspender 56 being inserted into and fixed in the groove and 61 and 62 above 56).
Claim 13 is rejected for the same reasons discussed above with respect to claim 1. Furthermore, Nageno teaches a headphone with a headband (abstract; col. 2, lines 19-23; col. 3, lines 12-27).
4. Claims 2-3 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nageno and Lefebvre in view of Pfanner et al. (ES 2587737 T3).
As to claim 2, Nageno teaches the headband in accordance with claim 1 wherein the headband element is provided, near at least one of its ends with a first guide through which a selectable length of the support band is passed (col. 5, lines 42-51) and by suggesting that the head being supported by the suspender 56 whose length can be varied, the head can be pressed down upon and supported at all times by a fixed tension exerted on the suspender 56 drawn out from inside the support members 52 without being affected by the distance from the top of the user's head to the user's ears. When the headphone 50 is removed from the head, the suspender 56 is wound onto the drum 61 by the coil springs 62 of the wind-in mechanisms 60 and returns automatically to the pre-fitting state that stays on the head and not move until removed from the head.
Nageno and Lefebvre do not explicitly teach the headband in accordance with claim 1, wherein the headband element is provided with a locking device for locking the support headband passed through the first guide.
Pfanner teaches the tubular support brackets 51a-51e have a height H that is always sized in such a way that, given the thickness of the superimposed layer 40 on the rear side 34, the support brackets are inserted until they are abutted in openings shaped so complementary in its cross section in the head band, that is to say that the support 30 is applied to the head band with the rear side 34 through the superimposed layer 40 and the locking projections 52, 54 of each support stud rest on the opposite side of the headband next to the corresponding opening (under Description).
It would have been obvious before the effective date of the claimed invention to incorporate the teachings of Pfanner into the teachings of Nageno and Lefebvre for the purpose of locking the support band in position until the locking projection are released from the headband.
As to claim 3, Nageno teaches the headband in accordance with claim 2, wherein the first guide is a first opening in the headband element through which the support band is passed from the concave inner side to the convex outer side of the headband element (col. 5, lines 32-57) and by suggesting that the head being supported by the suspender 56 whose length can be varied, the head can be pressed down upon and supported at all times by a fixed tension exerted on the suspender 56 drawn out from inside the support members 52 without being affected by the distance from the top of the user's head to the user's ears. When the headphone 50 is removed from the head, the suspender 56 is wound onto the drum 61 by the coil springs 62 of the wind-in mechanisms 60 and returns automatically to the pre-fitting state that stays on the head and not move until removed from the head. Pfanner teaches the tubular support brackets 51a-51e have a height H that is always sized in such a way that, given the thickness of the superimposed layer 40 on the rear side 34, the support brackets are inserted until they are abutted in openings shaped so complementary in its cross section in the head band, that is to say that the support 30 is applied to the head band with the rear side 34 through the superimposed layer 40 and the locking projections 52, 54 of each support stud rest on the opposite side of the headband next to the corresponding opening. This locking position of each support stud can be released by compressing the latter with fingers or with a tool until the locking projections 52, 54 are released from the front side of the headband, so that the support 30 can be removed from the head band (under Description).
As to claim 9, Nageno teaches the headband in accordance with claim 6, wherein the headband element is provided, near at least one of its ends with a second guide through which a selectable length of the tensioning strap is passed (col. 5, lines 42-51) and by suggesting that the head being supported by the suspender 56 whose length can be varied, the head can be pressed down upon and supported at all times by a fixed tension exerted on the suspender 56 drawn out from inside the support members 52 without being affected by the distance from the top of the user's head to the user's ears. When the headphone 50 is removed from the head, the suspender 56 is wound onto the drum 61 by the coil springs 62 of the wind-in mechanisms 60 and returns automatically to the pre-fitting state that stays on the head and not move until removed from the head.
Nageno and Lefebvre do not explicitly teach the headband in accordance with claim 1, wherein the headband element is provided with a locking device for locking the tensioning strap passed through the second guide.
Pfanner teaches the tubular support brackets 51a-51e have a height H that is always sized in such a way that, given the thickness of the superimposed layer 40 on the rear side 34, the support brackets are inserted until they are abutted in openings shaped so complementary in its cross section in the head band, that is to say that the support 30 is applied to the head band with the rear side 34 through the superimposed layer 40 and the locking projections 52, 54 of each support stud rest on the opposite side of the headband next to the corresponding opening (under Description).
It would have been obvious before the effective date of the claimed invention to incorporate the teachings of Pfanner into the teachings of Nageno and Lefebvre for the purpose of locking the support band in position until the locking projection are released from the headband.
As to claim 10, Nageno teaches the headband in accordance with claim 9, wherein the second guide is a second opening in the headband element through which the tensioning strap is passed from the concave inner side to the convex outer side of the headband element (col. 5, lines 32-57) and by suggesting that the head being supported by the suspender 56 whose length can be varied, the head can be pressed down upon and supported at all times by a fixed tension exerted on the suspender 56 drawn out from inside the support members 52 without being affected by the distance from the top of the user's head to the user's ears. When the headphone 50 is removed from the head, the suspender 56 is wound onto the drum 61 by the coil springs 62 of the wind-in mechanisms 60 and returns automatically to the pre-fitting state that stays on the head and not move until removed from the head. Pfanner teaches the tubular support brackets 51a-51e have a height H that is always sized in such a way that, given the thickness of the superimposed layer 40 on the rear side 34, the support brackets are inserted until they are abutted in openings shaped so complementary in its cross section in the head band, that is to say that the support 30 is applied to the head band with the rear side 34 through the superimposed layer 40 and the locking projections 52, 54 of each support stud rest on the opposite side of the headband next to the corresponding opening. This locking position of each support stud can be released by compressing the latter with fingers or with a tool until the locking projections 52, 54 are released from the front side of the headband, so that the support 30 can be removed from the head band (under Description).
5. Claims 4 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Nageno, Lefebvre and Pfanner in view of Pionessa (2011/0219516)
As to claim 4, Nageno, Lefebvre and Pfanner do not explicitly teach the headband in accordance with claim 2, wherein the locking device includes a pin on the headband element, the support band is provided with a plurality of holes, and the support band can be fixed to the support band by hooking one of its holes over the pin.
Pionessa teaches Fig. 4 shows an alternate embodiment, in which the hook-and-loop fastener is replaced by a pin-and-hole system as is commonly used in adjustable baseball cap headbands, in which pins (15) on end (4) are snapped into holes (16) on end (3) ([0035]).
It would have been obvious before the effective date of the claimed invention to incorporate the teachings of Pionessa into the teachings of Nageno, Lefebvre and Pfanner for the purpose of fastening the headband element by a pin-and-holes system.
As to claim 11, Nageno, Lefebvre and Pfanner do not explicitly teach the headband in accordance with claim 10, wherein the locking device includes a pin on the headband element, the tensioning strap is provided with a plurality of holes, and the tensioning strap can be fixed by hooking one of its holes over the pin.
Pionessa teaches Fig. 4 shows an alternate embodiment, in which the hook-and-loop fastener is replaced by a pin-and-hole system as is commonly used in adjustable baseball cap headbands, in which pins (15) on end (4) are snapped into holes (16) on end (3) ([0035]).
It would have been obvious before the effective date of the claimed invention to incorporate the teachings of Pionessa into the teachings of Nageno, Lefebvre and Pfanner for the purpose of fastening the headband element by a pin-and-holes system.
As to claim 12, Nageno the support band and the tensioning strap show in Fig. 6, 56 can be fixed in in construction of a wind-in mechanism; and Pionessa teaches Fig. 4 shows an alternate embodiment, in which the hook-and-loop fastener is replaced by a pin-and-hole system as is commonly used in adjustable baseball cap headbands, in which pins (15) on end (4) are snapped into holes (16) on end (3) ([0035]). It would have been possible to have the support band and the tensioning strap fixed to the same pin to support locking position.
6. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nageno and Lefebvre in view of Huh (KR 20160109756 A).
As to claim 5, Nageno and Lefebvre do not explicitly teach the headband in accordance with claim 1, wherein the support band is provided with a cushion.
Huh teaches headband is formed so that a cushion band is integrally formed on both sides of the support band so as to cover the head, so that the headband covers the head of the wearer (abstract; technical-field; description of embodiments; claim 1). It would have been obvious before the effective date of the claimed invention to incorporate the teachings of Huh into the teachings of Nageno and Lefebvre for the purpose of covering the head of the wearer for doubly supported and a comfortable fit when the headband is worn.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH H NGUYEN whose telephone number is (571)272-7489. The examiner can normally be reached Monday-Thursday 7:30AM-5:30PM.
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/QUYNH H NGUYEN/Primary Examiner, Art Unit 2693