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 .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Independent claim 1 recites “whereby a surface area of the cover is expandable the cover thereby covering at least one of the earpiece and the mouthpiece” in lines 15-17 (emphasis added). It is not clear what is meant by “the cover is expandable the cover thereby”.
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.
Claims 1-5, 9-10, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lo (US Patent No. 5,054,063), and further in view of Conolly (US Patent No. 6,215,871).
Regarding claim 1, Lo teaches a sterilized cover system comprising:
a telephone (Fig. 4 item 30) having an earpiece (Fig. 4 item 32) and a mouthpiece(Fig. 4 item 34) (col. 3 ll. 11-13);
a cover being removably couplable to the telephone (Fig. 4 item 8), the cover covering at least one of the earpiece and the mouthpiece whereby the cover is configured to inhibit transmission of a microorganism between a user and the telephone (col. 2 ll. 31-68), the cover comprising:
a first layer (Fig. 2 item 10) having an outer side (top side) and an inner side (bottom side), the first layer comprising a paper material including natural fibers (cotton), synthetic fibers (plastic), and combinations thereof (col. 2 ll. 68-col. 3 ll. 10);
a second layer (Fig. 2 item 14) being coupled to the inner side, the second layer comprising a woven fabric material (col. 2 ll. 45-68 “Any suitable material”, “non-bacteria permeable material”);
whereby a surface area of the cover is expandable the cover thereby covering at least one of the earpiece and the mouthpiece (col. 2 ll. 50-57 with thinness and mechanical strength and shaped to cover receiver) (col. 1 ll. 28-45, col. 1 ll. 60- col. 3 ll. 35 for complete details).
Lo does not teach a band being coupled to an outer edge of the first and second layers, the band having an interior lateral edge abutting the second layer; and wherein each of the first and second layers and the band is resiliently deformable.
However, in the similar field, Conolly teaches a telephone receiver cover (Figs. 1-2, 5 item 10) with two layers (Fig. 5 items 210, 220) with skirt (peripheral edge) with different lengths and forming retaining means (projections) (col. 2 ll. 36-40, col. 2 ll.49-col. 3 ll.11, col. 3 ll. 17-23, col. 3 ll. 44-col. 4 ll. 6, col. 4 ll. 65-col. 5 ll. 39, col. 6 ll. 48-55) that can be a continuous band of elastic material (claims 6-7, col. 8 ll. 1-6). (Note: since two layers are of different lengths, the band will obviously attach to the end of shorter layer and outer edge of longer layer.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Lo to include retaining means of elastic band at the ends of two differing lengths of layers of a cover as taught by Conolly so that “The retaining means 20 is located on a lower edge of the continuous skirt portion 14 so as to form a continuous, substantially circular or rectangular shaped member.” (Conolly, col. 5 ll.13-16) “to ensure that the cover 10 is securely held on the telephone mouthpiece 100 or earpiece” (Conolly, col. 5 ll. 37-38).
Regarding claim 2, Lo teaches wherein the cover is sterilized (col. 2 ll. 57-61).
Regarding claim 3, Lo teaches wherein the cover is configured for disposal after a single use (Abstract, col. 2 ll. 10-19).
Regarding claim 4, Lo teaches wherein the first layer is scented (col. 3 ll. 6-7).
Regarding claim 5, Lo teaches wherein each of the first and second layers is disc shaped (Fig. 3 items 8’, 20’, col. 2 ll. 31-33).
Regarding claim 9, Conolly teaches wherein the first layer (Fig. 5 item 220) has a diameter greater than a diameter of the second layer (Fig. 5 item 210), the first layer being concentrically positioned with the second layer (col. 5 ll. 5-46 circular concentric) wherein a perimeter edge of the second layer is inset from a peripheral edge of the first layer (Fig. 5 edge 20 of item 210 inset from that of item 220).
Regarding claim 10, Conolly teaches a peripheral wall extending from the first layer, the peripheral wall having a thickness equivalent to a thickness of the inset of the perimeter edge of the second layer from the peripheral edge of the first layer (Fig. 5 notch width between edges 20).
Regarding claim 13, Conolly teaches wherein the band is elastic (claims 6-7, col. 8 ll. 1-6).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lo and Conolly as applied to claim 1 above, and further in view of Hudgins (US Patent Application Publication No. 2003/0219116).
Regarding claim 6, Lo and Conolly do not teach the woven fabric material is a gauze padding.
However, in the similar field, Hudgins teaches the cover with the gauze padding material (Paragraphs 0017, 0021).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Lo and Conolly to include the cover with the gauze padding material as taught by Hudgins in order to use a widely available sterile material as an implementation choice.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lo and Conolly as applied to claim 1 above, and further in view of Zimmermann (US Patent No. 2,593,382).
Regarding claim 7, Lo and Conolly do not teach wherein each of the first and second layers has a plurality of apertures extending therethrough, the plurality of apertures being configured to facilitate sound transfer through the cover when the cover is coupled to the telephone.
However, in the similar field, Zimmermann teaches the cover wherein each of the first and second layers has a plurality of apertures extending therethrough, the plurality of apertures being configured to facilitate sound transfer through the cover when the cover is coupled to the telephone (col. 3 ll. 4-47).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Lo and Conolly to include the cover wherein each of the first and second layers has a plurality of apertures extending therethrough, the plurality of apertures being configured to facilitate sound transfer through the cover when the cover is coupled to the telephone as taught by Zimmermann in order to “render the perforations therein in register with those of the said bottom and top members” (Zimmermann, col. 3 ll. 40-42).
Regarding claim 8, Zimmermann teaches wherein the plurality of apertures in the first layer are aligned with the plurality of apertures in the second layer (col. 3 ll. 10-42 top and bottom layer perorations aligned.).
Allowable Subject Matter
Claims 11-12 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 above objection(s) is (are) based on the claim(s) as presently set forth in its (their) totality. It should not be interpreted as indicating that amended claim(s) broadly reciting certain limitations would be allowable. A more detailed reason(s) for allowance may be set forth in a subsequent Notice of Allowance if and when all claims in the application are put into a condition for allowance.
Claim 14 is allowed.
Claim 14, the prior art of record either alone or in combination fail to teach the invention as claimed in detail when claim is considered as a whole including “a band being coupled to an outer edge of the first and second layers, the band having a top edge being covered by the peripheral wall, the band having a bottom edge opposite the top edge, the band having an interior lateral edge abutting the second layer, the band having an exterior lateral edge being coplanar with a free edge of the peripheral wall, the bottom edge and the exterior lateral edge being exposed, the band being elastic”.
Conclusion
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HEMANT PATEL
Primary Examiner
Art Unit 2694
/HEMANT S PATEL/Primary Examiner, Art Unit 2694