DETAILED ACTION
This action is in response to communications filed 7/25/2024:
Claims 1-20 are pending
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 .
Information Disclosure Statement
The information disclosure statement filed 7/25/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Item #1 under Non-Patent Literature was not found in the file wrapper.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-7, 10-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alwicker et al (US20190222911, hereinafter “Alwicker”) in view of Hoernschemeyer (US20170257696).
Regarding claim 1, Alwicker teaches a headset for a microphone (abstract, headset with microphone) comprising:
a base comprising a post extending from the base (Fig. 2, base 122b with post 124),
a frame (Fig. 2, frame 116b) comprising:
an opening configured to receive the post (Fig. 2, frame has a hole for post 124); and
a second channel configured to receive the slider (Fig. 2, frame has a channel opening 130 to receive a boom mic arm (see Fig. 2C)); and
a knob configured to engage with the post (Fig. 2, knob 114b to engage post 124).
Alwicker fails to explicitly teach wherein the post comprises a first channel configured to receive a slider affixed to a boom arm;
and to secure the slider in the second channel of the frame.
Hoernschemeyer teaches wherein the post comprises a first channel configured to receive a slider affixed to a boom arm (Fig. 6C, post 262 comprises of a groove/channel portion configured to accept bracket 260);
and to secure the slider in the second channel of the frame (Fig. 6B, ¶39, pivot 262 can be configured to secure bracket 260 to wire form 212; see also Alwicker, Fig. 2A, 2C, 7B, 7C, tightening of knob exerts another force to secure boom arm 106 in channel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adjustable microphone support apparatus (as taught by Alwicker) to obtain a modified headset mount (as taught by Hoernschemeyer). The rationale to do so is to try from a finite number of identified, predictable solutions, with a reasonable expectation of success at obtaining different forms of an adjustable microphone apparatus to fit the needs of different users.
Regarding claim 2, Alwicker in view of Hoernschemeyer teaches further comprising a washer disposed between the slider and the knob and configured to exert a force against the slider when the knob is tightened to the post to secure the slider in the frame (Alwicker, Fig. 2B, washer 150 hugs against post during securing/tightening of knob).
Regarding claim 3, Alwicker in view of Hoernschemeyer teaches wherein the slider further comprises a plurality of detents configured to indicate a position of the slider relative to the knob (Alwicker, Fig. 1, although not explicitly taught, using some form of markings/notches to indicate a length of microphone is obvious to one of ordinary skill in the art to implement the rationale being to visually indicate to the user a length of the boom microphone – the user can also opt to use their own form of visual marking such as a small piece of tape or marker).
Regarding claim 4, Alwicker in view of Hoernschemeyer teaches wherein a first inner profile of the opening of the post corresponds to an outer profile of the slider (Hoernschemeyer, Fig. 6C, groove of post corresponds to opening of bracket).
Regarding claim 5, Alwicker in view of Hoernschemeyer teaches wherein a second inner profile of the second channel of the frame corresponds to an outer profile of the slider (Alwicker, Fig. 5A, channel corresponds to the slide-able boom arm (Fig. 6)).
Regarding claim 6, Alwicker in view of Hoernschemeyer teaches wherein the second inner profile of the second channel of the frame is configured as a D-shaped profile (Alwicker, Fig. 7A, the channel can be viewed as C channel but this is seen as a design choice).
Regarding claim 7, Alwicker in view of Hoernschemeyer teaches wherein the post and the knob have mating threads (Alwicker, Fig. 2, mating threads 132 and 134).
Regarding claim 10, it is rejected as similarly as claim 1.
Regarding claim 11, it is rejected as similarly as claim 7.
Regarding claim 12, it is rejected as similarly as claim 5.
Regarding claim 13, it is rejected as similarly as claim 6.
Regarding claim 14, it is rejected as similarly as claim 1.
Regarding claim 15, it is rejected as similarly as claim 2.
Regarding claim 17, it is rejected as similarly as claim 1.
Regarding claim 18, it is rejected as similarly as claim 7.
Regarding claim 19, it is rejected as similarly as claim 5.
Regarding claim 20, it is rejected as similarly as claim 3.
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) 8-9 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alwicker et al (US20190222911, hereinafter “Alwicker”).
Regarding claim 8, Alwicker teaches a headset for a microphone (Alwicker, abstract, headset with boom microphone) comprising:
a slider affixed to a boom arm (Alwicker, ¶27, boom microphone designed to be slid within channel 130 (Fig. 2B));
a frame comprising a first channel configured to receive the slider (Alwicker, Fig. 5A, frame with channel to receive the boom microphone comprising a “slider”); and
a knob configured to secure the slider in the frame (Fig. 2, 7C, knob configured to secure boom microphone within frame using additional washer).
Regarding claim 9, Alwicker teaches wherein the first channel of the frame comprises a first inner profile that corresponds to an outer profile of the slider (Alwicker, Fig. 6, 7A, channel of frame corresponds to boom microphone).
Regarding claim 16, Alwicker teaches a headset for a microphone (Alwicker, abstract, headset with boom microphone) comprising:
a slider affixed to a boom arm (Alwicker, ¶27, boom microphone designed to be slid within channel 130 (Fig. 2B));
a frame comprising a first channel, wherein the first channel defines an axis (the axis being “forward” or “backward” as defined by the channel shape), wherein the frame is configured to receive the slider (Alwicker, Fig. 5A, frame with channel to receive the boom microphone comprising a “slider”), and wherein the slider is configured to translate from a first position to a second position in the frame along the axis defined by the first channel (Alwicker, Fig. 1, the boom microphone can be extended/retracted along the axis/channel).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of References Cited for a listing of analogous art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIN ZHU whose telephone number is (571)270-1304. The examiner can normally be reached Monday-Thursday 6AM-4PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached on 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QIN ZHU/Primary Examiner, Art Unit 2691
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