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 . The previous office action of 12/12/2025 is withdrawn/superseded by this office action.
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 5 and 15 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.
With Respect to Claims 5 and 15
The phrases “prior to inserting the rivet through the first end of the strap” and “after inserting the rivet through the first end of the strap and the base jaw” are indefinite as they are part of an apparatus claim, but appear to relate to method steps. It is noted that these phrases do not appear to limit the structure or function of the product, and so their scope is unclear.
The remainder of this office action is based on the invention as best understood by Examiner.
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.
Claims 1, 4-6, 8-10, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #6,085,393 to Tsui (Tsui) in view of EP 0600653 to Yoshida (Yoshida), U.S. Patent Publication #2016/0366990 to Smith (Smith), U.S. Patent #9,407,980 to Cheng (Cheng), and U.S. Patent Publication #2017/0303052 to Kakareka (Kakareka).
With Respect to Claim 1
Tsui discloses an assembly comprising: a user device (26) comprising a snap insert (26a); and a clip assembly (16) comprising: a base jaw (FIG. 2), a pivotable jaw (FIG. 2) that is pivotably-coupled to the base jaw (noting disclosure to press the wings to open the jaws and pivotal joint shown, common for such art known clips), a strap (14) that is pivotably-coupled (18, Col. 3 lines 47-48) to the base jaw at a first end of the strap FIG. 2), and a snap button (24) that is pivotably-coupled to the strap at a second end of the strap (FIG. 2), wherein the snap button comprises a hole (24a), such that as the snap insert (26a) of the user device (26) is inserted into the snap button through the hole, the user device is pivotably-coupled to the second end of the strap; but does not disclose wherein the snap insert comprises an annular groove bounded by a first annular surface and a second annular surface, that the snap button comprises a flexible ring mounted therein the hole (24a), that the snap insert of the user device is inserted into the flexible ring of the snap button through hole, that the flexible ring is positioned within the annular groove and retained between the first annular surface and the second annular surface, wherein the user device comprises a linear microphone array that is accessible through respective holes in the device housing, wherein the user device is allowed to pivot freely such that the user device assumes a substantially vertical orientation when the clip assembly attaches the user device to clothes of a wearer, thereby maintaining the linear microphone array in the substantially vertical orientation.
However, Yoshida discloses a snap insert (2, 20) comprising an annular groove (FIG. 2, wherein ring 12 is positioned) bounded by a first annular surface (surface above or below where ring 12 is positioned, FIG. 2) and a second annular surface (the other of the surface above or below where ring 12 is positioned, FIG. 2), the snap button (1) comprises a flexible ring (annular spring 12) mounted inside its hole (11) such that as the snap insert (2, 20) is inserted into the snap button (1) through the hole (11), the flexible ring (12) is positioned within the annular groove and retained between the first annular surface and the second annular surface (FIG. 2 and description), and that its snap fastener design is an improvement over previous snap fastener designs (e.g. less complicated than some, causes less strain than others).
Smith discloses attaching a microphone (24) having a device housing (noting outer housing of microphone 24) to a user via a snap fastener structure on items worn by the user.
Cheng discloses forming a similar device to that of Smith with a front cover and a back cover (21 and 22), the device including a microphone (microphone disclosed for receiving sound through linear openings 214 in FIG. 2 disclosed but not marked in the drawings and possibly not shown, it is noted that the microphone 286 shown in FIG. 9 is disclosed as receiving sound through 287 and so does not appear to be the microphone disclosed for use with the openings 214) that is accessible through respective holes (214) in the front cover of the device housing.
Kakareka discloses the use of linear microphone arrays at different internal locations on a user worn structure to better pick up sound at those locations
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Yoshida, to form the snap fastener structure of Tsui with an annular ring and other parts as taught by Yoshida, for the benefits disclosed by Yoshida for its structure, as a mere selection of an art appropriate snap fastener structure to use or at most a mere substitution of one art known snap fastener structure for another.
it would also have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Smith, to provide a communications device/microphone having a housing for alternative attachment to the snap of the Tsui/combination structure, in order to allow for quick attachment and detachment of the device for support when not in use and use when desired, or alternately to add an additional snap fastener to attach the microphone in order to add this additional functionality to the badge holder. The combination encompasses suitable modification to allow for attachment of the communications device/microphone without interfering with the badge (e.g. modifying the size of either or both parts such as making the microphone smaller, the badge strap longer, using a badge strap with an upward extension similar to the FIG. 11-12 embodiment of Tsui).
It would further have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosures of Kakareka, to use a linear microphone array as/for the internal microphone structure of the combination, in order to provide multiple pickup locations, to increase sound pickup, and/or as a mere selection of an art appropriate microphone structure to use, and per the disclosure of Smith to make the linear microphone array accessible through respective holes in the device housing in order to increase the amount of sound the array will pick up (i.e. openings allow sound to travel to the array more easily than a solid barrier would).
It is Examiner’s position that the structure of the combination allows the user device to pivot freely such that the user device assumes a substantially vertical orientation when the clip assembly attaches the user device to clothes of a wearer, thereby maintaining the linear microphone array in the substantially vertical orientation, as Tsui discloses the use of two snap-fittings to prevent rotation which indicates that the single snap-fitting allows such rotation or alternately clearly renders such obvious, and/or the standard circular snap shown in Smith allows for rotation or clearly renders such obvious and/or allowing rotation constitutes at most merely making adjustable which does not patentably distinguish over the prior art (MPEP 2144.04). For clarity, Smith shows the snap attachment on an upper portion so that weight will result in it maintaining a substantially vertical orientation, and Cheng similarly shows the attachment of the microphone near the top of the housing.
With Respect to Claim 4
The assembly of claim 1, further comprising: a rivet (18, FIG. 3) mounted through the first end of the strap and through the base jaw, such that the strap is retained to the base jaw via the rivet, and wherein the rivet is configured as a pivot pin about which the strap and the base jaw rotate relative to each other (Col. 2 lines 32-35 indicate pivotal securement via a rivet, it is Examiner’s position that a person of ordinary skill in the art would understand the pivotal rivet attachment to have the rivet extend through both parts and form a pivot pin as claimed, or alternately to the degree some other construction might be possible clearly renders such obvious as this is common rivet construction).
With Respect to Claim 5
The assembly of claim 4, wherein the rivet comprises: a first head formed prior to inserting the rivet through the first end of the strap; a shaft; and a second head formed after inserting the rivet through the first end of the strap and the base jaw, such that the strap is retained between the first head and the second head and allowed to rotate about the shaft relative to the base jaw (the drawings show the first head formed on one side of the strap and the rotatable structure between this and the clip is inherently a shaft or obvious to make such given the disclosure of other pivots using such a shaft, and the use of a head on opposite side of the jaw to secure the parts between them together is obvious in view of the disclosure of a head opposite the strap and also as this is common rivet construction, it is noted that the phrases “prior to inserting the rivet through the first end of the strap” and “after inserting the rivet through the first end of the strap and the base jaw” are not structural limitations but refer to the process of making and are confusing as this is an apparatus claim, but even if it were taken to be a product by process claim the claim is only limited by the final structure and the final structure is the same and so these limitations are considered to be met).
With Respect to Claim 6
The assembly of claim 1, wherein the hole of the snap button is a first hole, wherein the snap button comprises a second hole (noting hole at upper rim of 3 shown in FIG. 2) opposite the first hole, and wherein the assembly further comprises: a snap button cap (20) having a head portion (portion of 20 above 3 in FIG. 2 or 23 and related structure in FIG. 2) and a pin (25) protruding from the head portion, wherein the pin is inserted through the strap and through the second hole of the snap button (FIG. 2), such that the strap is allowed to rotate about the pin relative to the user device.
With Respect to Claim 8
The assembly of claim 1, wherein a transition from the annular groove to the first annular surface comprises substantially a step to preclude the flexible ring from rolling off.
With Respect to Claim 9
The assembly of claim 1, wherein the snap insert comprises a filleted rim (FIG. 2) that facilitates insertion of the snap insert into the snap button.
With Respect to Claim 10
A user device comprising: a device housing (housing 21/22 per Cheng); a linear microphone array (305/306/307 per Kakareka) accessible through respective holes in the device housing (holes per Cheng); a snap insert (26a) coupled to the device housing, wherein the snap insert comprises an annular groove (per Yoshida, FIG. 2, wherein ring 12 is positioned) bounded by a first annular surface and a second annular surface (per Yoshida, FIG. 2, surfaces above and below ring 12); and a clip assembly (16) comprising: a base jaw, a pivotable jaw that is pivotably-coupled to the base jaw (per Tsui), a strap (14) that is pivotably-coupled to the base jaw at a first end of the strap, and a snap button that is pivotably-coupled to the strap at a second end of the strap, wherein the snap button comprises a hole (24a) and a flexible ring (12 per Yoshida) mounted therein, such that as the snap insert is inserted into the snap button through the hole, the flexible ring is positioned within the annular groove and retained between the first annular surface and the second annular surface, such that the device housing is pivotably- coupled to the second end of the strap (per Yoshida); wherein the user device is allowed to pivot freely (per Tsui or obvious modification, see the rejection of claim 1 above for details) such that the user device assumes a substantially vertical orientation when the clip assembly attaches the user device to clothes of a wearer, thereby maintaining the linear microphone array in the substantially vertical orientation (e.g. Smith shows the snap attachment on an upper portion so that weight will result in it maintaining a substantially vertical orientation).
With Respect to Claim 14
The user device of claim 10, wherein the clip assembly further comprises: a rivet (18, FIG. 3) mounted through the first end of the strap and through the base jaw, such that the strap is retained to the base jaw via the rivet, and wherein the rivet is configured as a pivot pin about which the strap and the base jaw rotate relative to each other (Col. 2 lines 32-35 indicate pivotal securement via a rivet, it is Examiner’s position that a person of ordinary skill in the art would understand the pivotal rivet attachment to have the rivet extend through both parts and form a pivot pin as claimed, or alternately to the degree some other construction might be possible clearly renders such obvious as this is common rivet construction).
With Respect to Claim 15
The user device of claim 14, wherein the rivet comprises: a first head formed prior to inserting the rivet through the first end of the strap; a shaft; and a second head formed after inserting the rivet through the first end of the strap and the base jaw, such that the strap is retained between the first head and the second head and allowed to rotate about the shaft relative to the base jaw (the drawings show the first head formed on one side of the strap and the rotatable structure between this and the clip is inherently a shaft or obvious to make such given the disclosure of other pivots using such a shaft, and the use of a head on opposite side of the jaw to secure the parts between them together is obvious in view of the disclosure of a head opposite the strap and also as this is common rivet construction, it is noted that the phrases “prior to inserting the rivet through the first end of the strap” and “after inserting the rivet through the first end of the strap and the base jaw” are not structural limitations but refer to the process of making and are confusing as this is an apparatus claim, but even if it were taken to be a product by process claim the claim is only limited by the final structure and the final structure is the same and so these limitations are considered to be met).
With Respect to Claim 16
The user device of claim 10, wherein the hole of the snap button is a first hole, wherein the snap button comprises a second hole (noting hole at upper rim of 3 shown in FIG. 2) opposite the first hole, and wherein the clip assembly further comprises: a snap button cap (20) having a head portion (portion of 20 above 3 in FIG. 2 or 23 and related structure in FIG. 2) and a pin (25) protruding from the head portion, wherein the pin is inserted through the strap and through the second hole of the snap button (Yoshida FIG. 2), such that the strap is allowed to rotate about the pin relative to the user device.
With Respect to Claim 17
The user device of claim 10, wherein a transition from the annular groove to the first annular surface comprises substantially a step to preclude the flexible ring from rolling off.
With Respect to Claim 18
The user device of claim 10, wherein the device housing comprises a front cover (21 per Cheng) and a back cover (22 per Cheng), wherein the snap insert is positioned on the back cover of the device housing (per Smith), such that the clip assembly is coupled to the back cover of the device housing.
With Respect to Claim 19
The user device of claim 18, wherein the respective holes (214, see Cheng FIG. 2) are in the front cover of the device housing (Cheng FIG. 2).
Claims 2-3 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #6,085,393 to Tsui (Tsui) in view of EP 0600653 to Yoshida (Yoshida), U.S. Patent Publication #2016/0366990 to Smith (Smith), U.S. Patent #9,407,980 to Cheng (Cheng), and U.S. Patent Publication #2017/0303052 to Kakareka (Kakareka) as applied to claim 1 or 10 above, and further in view of U.S. Patent #3,360,800 to Les (Less).
With Respect to Claim 2
The assembly of claim 1, and that the jaws are spring biased but does not disclose a type of spring and so does not disclose further comprising: a torsional spring mounted between the base jaw and the pivotable jaw, wherein the torsional spring biases the pivotable jaw to a closed position.
However, Less discloses the use of a torsional spring to bias the pivotable jaws of a similar alligator style clip (FIG. 17, spring not shown, Col. 5 lines 55-56).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Less, to use a torsional spring to bias the jaws to a closed position as taught by Less, as a mere selection of an art appropriate spring biasing mechanism to use.
With Respect to Claim 3
The assembly of claim 2, wherein the base jaw comprises at least one mounting tab (side ears 59, Less FIG. 17, noting also similar tabs are shown in Tsui) having a hole (Tsui and Less both show an opening for a pivot shaft, noting the shaft 58 of Less is viewable in FIG. 17 indicating there is a hole for it to pass through or to the degree some other construction might be possible clearly renders such obvious), wherein the pivotable jaw comprises at least one respective mounting tab having a respective hole aligned with the hole of the least one mounting tab of the base jaw (FIG. 17 shows the tab, the opening for the pivot shaft is inherent to allow it to operate properly or to the degree some other construction might be possible is clearly obvious), and wherein the assembly further comprises: a spring pin (58) mounted through the hole of the base jaw, the respective hole of the pivotable jaw, and inner space within coils of the torsional spring (Col. 5 lines 55-56 indicates the torsion spring is wrapped around 58), and wherein the spring pin is configured as a pivot pin about which the pivotable jaw rotates relative to the base jaw (Col. 5 lines 50-53 indicate it is a pivot shaft).
With Respect to Claim 12
The user device of claim 10, wherein the clip assembly further comprises: a torsional spring (per Less) mounted between the base jaw and the pivotable jaw, wherein the torsional spring biases the pivotable jaw to a closed position.
With Respect to Claim 13
The user device of claim 12, wherein the base jaw comprises at least one mounting tab having a hole, wherein the pivotable jaw comprises at least one respective mounting tab having a respective hole aligned with the hole of the least one mounting tab of the base jaw, and wherein the clip assembly further comprises: a spring pin mounted through the hole of the base jaw, the respective hole of the pivotable jaw, and inner space within coils of the torsional spring, and wherein the spring pin is configured as a pivot pin about which the pivotable jaw rotates relative to the base jaw (see the rejection of claim 3 above for details).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #6,085,393 to Tsui (Tsui) in view of EP 0600653 to Yoshida (Yoshida), U.S. Patent Publication #2016/0366990 to Smith (Smith), U.S. Patent #9,407,980 to Cheng (Cheng), and U.S. Patent Publication #2017/0303052 to Kakareka (Kakareka) as applied to claim 10 above, either alone or further in view of U.S. Patent #7,475,453 to Drake (Drake).
With Respect to Claim 20
The user device of claim 10, wherein the snap insert is made of a metallic material (Yoshida, Tsui and Smith both discloses metal for the interlocking parts/snaps), and wherein at least a portion of the device housing is made of a plastic material (Smith discloses plastic for the microphone housing in [0029]), but does not detail the particulars of how the snap is attached to the housing and so does not disclose that the housing is injection-molded around the snap insert, such that the snap insert is an integral part of the device housing (for clarity, it is noted that the recitation of “injection-molded” relates to a process, and apparatus claims are not limited by the process of making but only by the structure produced by that process).
However, it would have been obvious to one of ordinary skill in the art to attach the snap fastener by forming it integrally with the device housing via molding (e.g. injection molding) the housing around the snap insert (or otherwise forming the housing around the snap insert) as a mere selection of an art appropriate attachment mechanism, as doing so constitutes at most merely making integral which does not patentably distinguish over the prior art (MPEP 2144.04), and/or as doing so is “obvious to try” as a mere selection from a limited number of art known alternatives (i.e. the snap must be attached using one of a few art known methods such as adhesive, mechanical fasteners such as screws, or integrally molding the plastic around the metal).
Alternately, Drake disclose attaching snap fastener parts and/or metal parts to a plastic structure by injection molding the plastic around the metal parts, which provides additional motivation for and/or evidence of the obviousness of using this attachment mechanism.
Conclusion
Because this office action contains new grounds of rejection not necessitated by Applicant’s amendment, this office action is NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734