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
Applicant is advised that the new art unit number is 2692. Please use the new art unit number for all future communications.
This Office action is in response to the Preliminary Amendment filed on 9/5/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/8/2024, 2/17/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
Replacement drawings for Figures 3-11 were received on 9/5/2025. These drawings are acceptable in that they are in compliance with 37 CFR § 1.121(d) and have thus been entered into the record.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claim(s) 1-10, 13-17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 2024/0179445) in view of Inoue et al. (US 2017/0201820).
Regarding claim 1, Lin discloses a headphone headband, comprising:
a cushion assembly (Fig. 1: 1 and 2) having: a cushion frame (Fig. 2: 2 and 18), and a top cap (Fig. 2: 10-17 and 101-103, which can also be thought of as everything in 1 except for 18) coupled with the cushion frame (see Fig. 1);
a slider (Fig. 1: 3, which includes 31-34 (¶ 0032)) telescopically coupled to the cushion assembly (¶ 0021 and see Figs. 7-8), the slider comprising a proximal end (Figs. 7-8: right end of 31-34) disposed within the cushion assembly (see Fig. 7-8) and a distal end (Fig. 7-8: left end of 31-34) extending outward from the cushion assembly (see Fig. 7-8),
wherein the cushion frame (2) and the top cap (1) interface to provide an integral slide lock (see Fig. 7-8), and collectively define a channel for guiding the slider (see Fig. 7-8);
Lin is not relied upon to disclose
an earphone; and
a yoke coupling the earphone to the slider.
In a similar field of endeavor, Inoue discloses a headphone headband, comprising:
a cushion assembly (Fig. 2: 20) (¶ 0029);
a slider (Figs. 1-2: 31)
an earphone (Figs. 1-2: 51 and 61); and
a yoke (Figs. 1-2: 41) coupling the earphone to the slider (see Figs. 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the headphone headband of Lin to further comprise:
an earphone; and
a yoke coupling the earphone to the slider (as taught by Inoue),
the motivation being to provide portions that can accommodate a sound processing circuit, a driver unit, and/or a speaker (Inoue - ¶ 0034); and to make the headphone so that when it is worn, an orientation thereof is changed according to a shape of the user's ear region, and the earphone can face the ears in a state suitable for the shape of the temporal region of the user (Inoue - ¶ 0033).
Regarding claim 2, Lin-Inoue discloses the headband of claim 1, and Lin (using a first interpretation) discloses wherein the integral slide lock is defined by a plurality of protrusions in the top cap that are received in a plurality of recesses in the cushion frame (¶ 0031: the 16’s (seen in Fig. 2) or the screws attached to each 16 can be the plurality of protrusions, and the corresponding 25’s (seen in Fig. 3) can be the plurality of recesses that receive the 16’s and/or screws).
Regarding claim 2, Lin-Inoue discloses the headband of claim 1, and Lin (using a second interpretation) discloses wherein the integral slide lock is defined by a plurality of protrusions (Fig. 2: 15) in the top cap that are received in a plurality of recesses (Fig. 3: 23) in the cushion frame (¶ 0030: 23 disposed between 15).
Regarding claim 3, Lin-Inoue discloses the headband of claim 2, and Lin (using the second interpretation) discloses wherein the protrusions extend outward from an interior wall in the top cap (see Fig. 2), and wherein the recesses in the cushion frame are approximately L-shaped (Fig. 2: 23 has side ribs which create an L shape).
Regarding claim 4, Lin-Inoue discloses the headband of claim 1, and Lin discloses wherein the integral slide lock prevents separation of the cushion frame and the top cap while the slider moves relative to the cushion assembly (¶ 0031: 1 and 2 are fastened together by screws, so will not separate while slider moves).
Regarding claim 5, Lin-Inoue discloses the headband of claim 1, and Lin discloses wherein the cushion frame further includes at least one projection (Fig. 3: 23) interfacing with an interior wall (Fig. 2: 15) of the top cap (¶ 0030).
Regarding claim 6, Lin-Inoue discloses the headband of claim 5, and Lin discloses wherein the at least one projection includes a plurality of projections (side ribs) disposed along an axis of the channel (Fig. 3: shows 23 as having side ribs).
Regarding claim 7, Lin-Inoue discloses the headband of claim 5, and Lin discloses wherein the at least one projection substantially prevents deflection of the interior wall to maintain the coupling between the top cap and the cushion frame (Fig. 3: the side ribs strengthen 23 which will prevent deflection of 23).
Regarding claim 8, Lin-Inoue discloses the headband of claim 1, and Lin discloses wherein a majority of the channel is located in the cushion frame (see Figs. 7-8).
Regarding claim 9, Lin-Inoue discloses the headband of claim 1, and Lin discloses wherein the channel includes a groove (portion of channel in Figs. 7-8 that receives 33) sized to receive a protuberance (33) in the slider.
Regarding claim 10, Lin-Inoue discloses the headband of claim 9, and Lin discloses wherein the protuberance extends inward from a main body of the slider (see Figs. 7-8).
Regarding claim 13, Lin-Inoue discloses the headband of claim 1, and Lin discloses further comprising at least one bumper at a distal end of the slider (Figs. 7-8: left end of slider has a portion that is slightly wider than rest of slider).
Regarding claim 14, Lin-Inoue discloses the headband of claim 13, and Lin discloses wherein the at least one bumper provides an offset between an outer surface of the slider and an inner surface of the cushion assembly (Fig. 7 shows that bumper does not retract completely into 1 and 2, hence there is an offset).
Regarding claim 15, Lin-Inoue discloses the headband of claim 1, and Lin discloses wherein the integral slide lock provides approximately an entirety of a locking force required to retain the slider in the channel (locking force provided by 4 and 22) (¶ 0022, 0031).
Regarding claim 16, Lin-Inoue discloses the headband of claim 1, and Lin discloses further comprising a stopper (4 and/or 22) for limiting movement of the proximal end of the slider within the channel, wherein the stopper provides a tactile feel when interfacing with the cushion frame and the top cap (¶ 0022, 0031).
Regarding claim 17, Lin-Inoue discloses the headband of claim 1, and Lin discloses further comprising a set of bumpers (4) in the channel for providing consistency in friction feel during movement of the slider relative to the cushion assembly (¶ 0022, 0036, 0037).
Regarding claim 19, Lin-Inoue discloses the headband of claim 1, and Lin discloses wherein the slider has a hollow interior portion (33) extending along a length thereof (see Figs. 7-8 and 2).
Regarding claim 20, Lin-Inoue discloses the headband of claim 1.
Additionally, Inoue discloses further comprising an electro-acoustic transducer (speaker) housed in the earphone (51) for providing an audio output (¶ 0034).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: further comprising an electro-acoustic transducer housed in the earphone for providing an audio output, the motivation being to achieve the purpose of the headphone which is to output sound (Inoue - ¶ 0034).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Inoue in view of Smiechowski (US 2017/0257695).
Regarding claim 10, Lin-Inoue discloses the headband of claim 9.
Lin is not relied upon to disclose wherein the protuberance extends inward from a main body of the slider.
In a similar field of endeavor, Smiechowski discloses wherein a protuberance (322) extends inward from a main body of the slider (360) (see Fig. 3);
wherein the protuberance includes at least one friction member (310) that provides sliding friction during movement of the slider relative to the cushion assembly (¶ 0047);
wherein the protuberance further includes a pocket housing the at least one friction member (¶ 0047 and see Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: configure the slider of Lin to include the protuberance (322 of Smiechowski) to be the claimed “protuberance” of claim 9,
wherein the protuberance extends inward from a main body of the slider;
wherein the protuberance includes at least one friction member that provides sliding friction during movement of the slider relative to the cushion assembly;
wherein the protuberance further includes a pocket housing the at least one friction member,
the motivation being to help to hold the headphone band in position after length adjustments have been made (Smiechowski - ¶ 0050).
Regarding claim 11, Lin-Inoue discloses the headband of claim 9.
Lin is not relied upon to disclose wherein the protuberance includes at least one friction member that provides sliding friction during movement of the slider relative to the cushion assembly.
In a similar field of endeavor, Smiechowski discloses wherein a protuberance (322) extends inward from a main body of the slider (360) (see Fig. 3);
wherein the protuberance includes at least one friction member (310) that provides sliding friction during movement of the slider relative to the cushion assembly (¶ 0047);
wherein the protuberance further includes a pocket housing the at least one friction member (¶ 0047 and see Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: configure the slider of Lin to include the protuberance (322 of Smiechowski) to be the claimed “protuberance” of claim 9,
wherein the protuberance extends inward from a main body of the slider;
wherein the protuberance includes at least one friction member that provides sliding friction during movement of the slider relative to the cushion assembly;
wherein the protuberance further includes a pocket housing the at least one friction member,
the motivation being to helping to hold the headphone band in position after length adjustments have been made (Smiechowski - ¶ 0050).
Regarding claim 12, Lin-Inoue discloses the headband of claim 11, wherein the protuberance further includes a pocket housing the at least one friction member (as already set forth in the claim 10 rejection).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Inoue in view of Ando (WO 2016/059832 using an English machine translation).
Regarding claim 18, Lin-Inoue discloses the headband of claim 1.
Lin-Inoue is not relied upon to disclose further comprising a spring including a bend located in the cushion assembly, the spring terminating proximate to an opening in the cushion assembly.
In a similar field of endeavor, Ando discloses a spring (43) including a bend (Figs. 3/6 show 43 having bend) located in the headband assembly (2 and 4), the spring terminating proximate to an opening in the headband assembly (see Fig. 6);
wherein the spring is adapted to be pressed against grooves (32) of the slider (3) so that a user can feel the degree of change in the substantial length of the headband by a click feeling (page 4, paragraph starting at line 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: further comprising a spring including a bend located in the cushion assembly, the spring terminating proximate to an opening in the cushion assembly, wherein the spring is adapted to be pressed against grooves of the slider, the motivation being so that a user can feel the degree of change in the substantial length of the headband by a click feeling (page 4, paragraph starting at line 8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK FISCHER whose telephone number is (571)270-3549. The examiner can normally be reached Mon-Fri 1-6, 7:30-11:59pm EST.
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/MARK FISCHER/Primary Examiner, Art Unit 2692
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