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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in United Kingdom of Great Britain and Northern Island on 5/18/2020. It is noted, however, that applicant has not filed a certified copy of the GB2007319.3 application as required by 37 CFR 1.55.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, see page 8 of Applicant’s Arguments/Remarks, filed 7/22/2026, with respect to claim 19 have been fully considered and are persuasive. The rejection of claims 19-20 has been withdrawn.
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, 12, 13, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Naksen et al. (US 6,724,906) herein Naksen in view of Miyata (JP H09182183).
Regarding claim 1, Naksen discloses a headband for a wearable electronic device, the headband (headband assembly 20, Naksen: Figs. 3-6) comprising: a first end portion, a second end portion, and a central portion disposed between the first and second end portions, the first end portion connected to the central portion by an extension mechanism for adjusting a length of the headband, wherein the first end portion comprises one or more connectors for connecting to a housing of an electronic component of a wearable electronic device (first end portion 50, second end portion 50 on opposite side of central portion 30+40 disposed in between the end portions 50, said portions 30+40 and 50 are connected to each other by an extension mechanism for adjusting a length of the headband, where the first end portion 50 comprises a connector for connecting to a housing 72 of the electronic component 80 of a wearable electronic device, Naksen: Figs. 3-6); wherein one of the first end portion and the central portion comprises a male connector, and the other of the central portion and the first end portion comprises a female connector for receiving the male connector , the male and female connectors configured to allow relative motion between the first end portion and the central portion, and configured to retain the first end portion and the central portion at a plurality of positions relative to one another to adjust a distance between the first end portion and the central portion to thereby adjust the length of the headband (central portion 30+40 comprises a male connector and first end portion 50 comprises a female connector for receiving the male connector of central portion 30, the male and female connectors configured to allow relative motion between the first end portion 50 and central portion 30+40 and configured to retain the first end portion 50 and the central portion 30+40 at a plurality of positions relative to one another, Naksen: Figs. 3-7), but lacks the central portion spaced apart at a distance from both the first end portion and second end portion wherein one of the first end portion and the central portion comprises a male connector that extends through the space between the first end portion and the central portion.
Nevertheless, it is well known in the art for headphones to have a central portion spaced apart at a distance from both a first end portion and a second end portion and wherein one of the first end portion and the central portion comprises a male connector that extends through the space between the first end portion and the central portion as demonstrated by Miyata (central portion 21 is spaced apart at a distance from both a first end portion and a second end portion 30, wherein one of the first end portion and the central portion comprises a male connector 20 that extends through the space between the first end portion 30 and the central portion 21, and allows for an adjustment of distance between the first end portion 30 and central portion 21 to adjust a length of the headband, Miyata: Figs. 1, 2).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the central portion of Naksen so that it is spaced apart at a distance from both a first end portion and a second end portion and wherein one of the first end portion and the central portion comprises a male connector that extends through the space between the first end portion and the central portion as demonstrated by Miyata in order to provide a user with increased customization of a headphone fit.
Regarding claim 2, in the combination of Naksen and Miyata, Miyata discloses wherein the second end portion is connected to the central portion by a further extension mechanism for adjusting a distance between the second end portion and the central portion to thereby adjust the length of the headband (central portion 21 is spaced apart at a distance from both a first end portion and a second end portion 30, wherein one of the second end portion and the central portion comprises a extension mechanism 20+24 that extends through the space between the second end portion 30 and the central portion 21, for an adjustment of distance between the second end portion 30 and central portion 21 to adjust a length of the headband, Miyata: Figs. 1, 2).
Regarding claim 3 in the combination of Naksen and Miyata, Miyata discloses wherein the extension mechanism and the further extension mechanism are the same type of extension mechanism (the extension mechanism and the further extension mechanism are the same type of extension mechanism, Miyata: Figs. 1, 2).
Regarding claim 4, in the combination of Naksen and Miyata, Miyata discloses wherein the first end portion and the second end portion are connected to the central portion via respective first and second arms (first and second end portions 30 connect to the central portion 21 via the respective first and second arms 20, Miyata: Figs. 1, 2).
Regarding claim 5, in the combination of Naksen and Miyata, Miyata discloses wherein the first and second arms interact with the first and second end portions to provide the extension mechanism and further extension mechanism that enable the length of the headband to be selectively increased or decreased by a wearer (first and second arms 20 of first and second end portions 21 interact to provide the extension mechanism and further mechanism to enable the length of the headband to be selectively increased or decreased by a wearer, Miyata: Figs. 1, 2).
Regarding claim 6, in the combination of Naksen and Miyata, Naksen discloses wherein the central portion comprises: a carrier being elongate and arcuate in form to correspond to the curvature of a top of a head of a wearer (central portion 30+40 comprises a carrier 30 being elongate and arcuate in form to correspond to the curvature of a top of a head of a wearer, Naksen: Figs. 3-6); and a contact portion to engage with the top of the head of the wearer, wherein the contact portion is formed of a deformable material that is relatively softer than the carrier to provide comfort when engaged (contact portion 40 engages a top of the head of the wearer and considered soft and flexible interpreted to meet a deformable material that is relatively softer than the carrier (part of stiff resilient headband assembly), Naksen: col. 7 lines 28-35, Figs. 3-6).
Regarding claim 7, in the combination of Naksen and Miyata, Miyata discloses wherein the first end portion and the second end portion are connected to the central portion via respective first and second arms are arcuate and extend outwardly from opposing ends of the carrier (first and second arms 20 of first and second end portions 21 interact to provide the extension mechanism and further mechanism to enable the length of the headband to be selectively increased or decreased by a wearer, Miyata: Figs. 1, 2).
Regarding claim 12, in the combination of Naksen and Miyata, Miyata discloses wherein the first and second end portions are curved (first and second end portions 30 are curved as they match the arcuate shape of the first and second arms 20, Miyata: Figs. 1, 2).
Regarding claim 13, the combination of Naksen and Miyata discloses a wearable electronic device comprising a headband as claimed in claims 1 (the device of Naksen is a headphone that comprises the headband of claim 1, Figs. 3-6).
Regarding claim 14, the combination of Naksen and Miyata discloses wherein the first end portion of the headband is connected to a housing within which an electronic component is disposed (first end portion 50 is connected to housing 72 in which speaker driver 80 is disposed, Naksen: Figs. 3-6, first end portion 30 is connected to a further housing 40 in which electronic components are disposed, Miyata: Figs. 1, 2), but lacks wherein the electronic component configured to be powered by a battery.
Nevertheless, it is well known in the headphone art to have electronic components powered by a battery. Therefore, it would have been obvious to a person having ordinary skill in the art to modify the electronic component of Naksen and Miyata to be configured to be powered by a battery in order to achieve a portable wireless headphone/headset as is common in the art. The Examiner takes Official Notice.
Regarding claim 15, in the combination of Naksen and Miyata, Naksen discloses wherein the electronic component comprises a speaker (electronic component is a speaker 80, Naksen: Figs. 3-6).
Regarding claim 16, the combination of Naksen and Miyata discloses wherein the second end portion of the headband is connected to a further housing within which a further electronic component is disposed (second end portion of the headband 20 is connected to a further housing 72 that contains a further electronic component (the other driver of the other earcup of the headphone), Naksen: Figs. 3-6, second end portion 30 is connected to a further housing 40 in which electronic components are disposed, Miyata: Figs. 1, 2).
Regarding claim 17, while the combination of Naksen and Miyata does not specifically teach wherein the further electronic component is configured to be powered by a further battery, it is well known in the headphone art to have electronic components powered by a battery. Therefore, it would have been obvious to a person having ordinary skill in the art to modify the electronic component of Naksen and Miyata to be configured to be powered by a battery in order to achieve a portable wireless headphone/headset as is common in the art. The Examiner takes Official Notice
Regarding claim 18, in the combination of Naksen and Miyata, Naksen discloses wherein the further electronic component comprises a speaker (further electronic component comprises driver 80 (speaker), Naksen: Fig. 4).
Claim(s) 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Naksen et al. (US 6,724,906) herein Naksen in view of Miyata (JP H09182183) and Huang (US 2012/0243703).
Regarding claim 8, while Naksen and Miyata do not specifically disclose comprising wiring running through the headband between the first and second end portions, it is well known in the headphone art to utilize wiring that runs between two ends of a headphone through the headband as demonstrated by Huang (conductive strips 12, 13 runs through the headband from end to end and electrically connects two speaker units 101 and 111 so that earpiece are electrically in parallel connection, Huang: [0022], Figs. 3, 4).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the headband of Naksen and Miyata to have wiring running through the headband between the first and second end portions in order to have two speaker units and earpieces be electrically in parallel connection as is common in the headphone art (Huang: [0022]).
Regarding claim 9, the combination of Naksen, Miyata and Huang discloses comprising a carrier being elongate and arcuate in form to correspond to the curvature of a top of a head of a wearer, wherein the wiring runs through the carrier (carrier 30 is elongated and arcuated in form to correspond to the curvature of a top of a head of a wearer, Naksen: Figs. 3-6, 8, with the wiring of Huang (Huang: Figs. 3, 4, [0022]) running through the carrier and connecting the drivers of Naksen to each other in order to playback audio signals).
Regarding claim 10, the combination of Naksen, Miyata and Huang discloses wherein the wiring runs through the first and second arms (the wiring of Huang runs through the entirety of its headband from earpiece to earpiece (Huang: Figs. 3, 4, [0022]), thus in the combination of Naksen, Miyata and Huang, the wiring would run through the first and second arms 20 of Miyata (Miyata: Figs. 1, 2) to connecting the drivers of Naksen to each other in order to playback audio signals).
Regarding claim 11, in the combination of Naksen, Miyata and Huang, Huang discloses wherein the wiring is for power transfer (conductive head strip 13 connects speaker units 101, 111 and earpieces 10, 11 in electrically parallel connection, thus the wiring would carry signaling to power said speakers when combined with the input jack of signal input cable 14 to provide audible playback, [0019], [0022], Huang: Figs. 3, 4)
Claim(s) 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Naksen et al. (US 6,724,906) herein Naksen in view of Huang (US 2012/0243703).
Regarding claim 19, Naksen discloses a wearable electronic device (headphone of Figs. 3-6, Naksen: [Abstract]) comprising: a headband comprising a first end portion, a second end portion, and a central portion disposed between the first and second end portions, the first end portion connected to the central portion by an extension mechanism for adjusting a length of the headband, wherein the first end portion comprises one or more connectors that operably connect to a housing of an electronic component of a wearable electronic device (first end portion 50, second end portion 50 on opposite side of central portion 30+40 disposed in between the end portions 50, said portions 30+40 and 50 are connected to each other by an extension mechanism for adjusting a length of the headband, where the first end portion 50 comprises a connector for connecting to a housing 72 of the electronic component 80 of a wearable electronic device, Naksen: Figs. 3-6); and wherein the second end portion is connected to the central portion by a further extension mechanism for adjusting the length of the headband (second end portion 50 on the other side of central portion 30+40 is connected to the central portion 30+40 by a further extension mechanism for adjusting the length of the headband, Figs. 3-6, and in order for the drivers in each of the earcups of the headphone of Naksen to properly operate it is explicitly implied that there is wiring running through the headband between the first and second end portions); wherein the first end portion and the second end portion are connected to the central portion via respective first and second arms (first and second end portions 50 connect to connect to the central portion 30+40 via the respective first and second arms of central portion 30+40, Naksen: Figs. 3-6), but lacks wiring running through the headband between the first and second end portions.
Nevertheless, it is well known in the headphone art to utilize wiring that runs between two ends of a headphone through the headband as demonstrated by Huang (conductive strips 12, 13 runs through the headband from end to end and electrically connects two speaker units 101 and 111 so that earpiece are electrically in parallel connection, Huang: [0022], Figs. 3, 4).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the headband of Naksen to have wiring running through the headband between the first and second end portions in order to have two speaker units and earpieces be electrically in parallel connection as is common in the headphone art (Huang: [0022]).
Thus in the combination of Naksen and Huang, the wiring would run through the headband between the first and second end portions (the wiring of Huang runs through the entirety of its headband from earpiece to earpiece (Huang: Figs. 3, 4, [0022]), thus would run through the end portions of Naksen).
Regarding claim 20, in the combination of Naksen and Huang, Naksen discloses wherein the central portion comprises: a carrier being elongate and arcuate in form to correspond to the curvature of a top of a head of a wearer (central portion 30+40 comprises a carrier 30 being elongate and arcuate in form to correspond to the curvature of a top of a head of a wearer, Naksen: Figs. 3-6); and a contact portion to engage with the top of the head of the wearer, wherein the contact portion is formed of a deformable material that is relatively softer than the carrier to provide comfort when engaged (contact portion 40 engages a top of the head of the wearer and considered soft and flexible interpreted to meet a deformable material that is relatively softer than the carrier (part of stiff resilient headband assembly), Naksen: col. 7 lines 28-35, Figs. 3-6) wherein the wiring runs through the carrier (carrier 30 is elongated and arcuated in form to correspond to the curvature of a top of a head of a wearer, and in order for the drivers in each of the earcups of the headphone of Naksen to properly operate it is explicitly implied that there is wiring running through the headband carrier between the first and second end portions, Naksen: Figs. 3-6, 8).
Regarding claim 21, the combination of Naksen and Huang discloses in the wherein the wiring runs through the first and second arms (the wiring of Huang runs through the entirety of its headband from earpiece to earpiece (Huang: Figs. 3, 4, [0022]), thus in the combination of Naksen and Huang, the wiring would run through the first and second arms of central portion 30+40, (Naksen: Figs. 3-6) to connecting the drivers of Naksen to each other in order to playback audio signals).
Claim(s) 22 is rejected under 35 U.S.C. 103 as being unpatentable over Naksen et al. (US 6,724,906) herein Naksen in view of Huang (US 2012/0243703) and Miyata (JP H09182183).
Regarding claim 22, while the combination of Naksen and Huang does not specifically teach wherein central portion is spaced apart at a distance respectively from the first end portion and the second end portion with the extension mechanism extending across the distance between the first end portion and the central portion and the further extension mechanism extending across the distance between the second end portion and the central portion for adjusting the length of the headband, it is well known in the art for headphones to have a central portion spaced apart at a distance from both a first end portion and a second end portion and wherein one of the first end portion and the central portion comprises a male connector that extends through the space between the first end portion and the central portion as demonstrated by Miyata (central portion 21 is spaced apart at a distance from both a first end portion and a second end portion 30, wherein one of the first end portion and the central portion comprises a male connector 20 that extends through the space between the first end portion 30 and the central portion 21, and allows for an adjustment of distance between the first end portion 30 and central portion 21 to adjust a length of the headband, Miyata: Figs. 1, 2).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the central portion of Naksen and Huang so that it is spaced apart at a distance from both a first end portion and a second end portion and wherein one of the first end portion and the central portion comprises a male connector that extends through the space between the first end portion and the central portion as demonstrated by Miyata in order to provide a user with increased customization of a headphone fit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (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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/SEAN H NGUYEN/ Primary Examiner, Art Unit 2691
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