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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-19 in the reply filed on 08/12/26 is acknowledged.
Claims 20-29 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/12/26.
Claim Objections
Claims 6 and 8 are objected to because of the following informalities:
In claim 6, lines 3-4: “at least one other housing portion” should read “the at least one other housing portion”.
In claim 8, line 1: “a plurality of primary joining portions” should read “a plurality of primary joining portions of the at least one primary joining portion”.
In claim 8, line 2: “a plurality of secondary joining portions” should read “a plurality of secondary joining portions of the at least one secondary joining portion”.
Appropriate correction is required.
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.
Claims 1-9 and 11-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukuma (US 2011/0002497).
Regarding claim 1, an invention relating to headphone device, Fukuma discloses (Figs. 1 & 7-8) a medical device (100) [Note, headphones are used by surgeons in procedures for informative purposes such as emitting a tone to a surgeon during an ophthalmic procedure to inform the surgeon that a proper depth has been achieved, headphones can be used in a surgical procedure for intracranial noise suppression, or headphones can provide music to a patient during medical procedure] comprising: at least two housing portions (see annotated figure below) joined together at at least one sacrificial joint (see annotated figure below) [i.e. joined prior to shortening of the band 104], wherein each housing portion comprises at least one secondary joining portion (see annotated figure below) configured for joining to at least one corresponding secondary joining portion (see annotated figure below) of at least one other housing portion for rejoining the two housing portions together after destructive breaking of the at least one sacrificial joint [i.e. removing links that make up the sacrificial joint and connecting free ends of links that make up at least one secondary joining portion and at least one corresponding secondary joining portion to rejoin the two housing portions] (Par. 0054, 0063, 0073, 0087).
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Regarding claim 2, Fukuma discloses the medical device of claim 1. Fukuma further discloses wherein the at least one sacrificial joint comprises at least one primary joining portion of each of the at least two housing portions, wherein the at least one primary joining portion of a housing portion is bonded to a corresponding primary joining portion of at least one other housing portion [i.e. bonded via elements 132 and 134; Figure 8] (see annotated figure below & Par. 0073).
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Regarding claim 3, Fukuma discloses the medical device of claim 2. Fukuma further discloses wherein the at least one secondary joining portion meets the at least one primary joining portion at at least one separation portion [i.e. first side member 131 and the second side member 133 which engage when joint is assembled by connecting two links, see annotated figure below] (Fig. 8; Par. 0073).
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Regarding claim 4, Fukuma discloses the medical device of claim 3. Fukuma further discloses wherein the at least one separation portion is configured so that the at least one primary joining portion can be removed upon disassembly of the at least two housing portions during reworking of the medical device, and the at least one secondary joining portion of a housing portion can be joined to the at least one corresponding secondary joining portion of at least one other housing portion to rejoin the at least two housing portions together (Par. 0064-0065).
Regarding claim 5, Fukuma discloses the medical device of claim 2. Fukuma further discloses wherein a volume of an enclosure defined by the at least two housing portions (see annotated figure below) joined together is less when the primary joining portions are joined together than when the secondary joining portions are joined together (Par. 0064-0065) [Note, the volume would be less because removing links would decrease the cross-sectional area of the enclosure, and a decrease in area is correlative to a decrease in volume].
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Regarding claim 6, Fukuma discloses the medical device of claim 2. Fukuma further discloses (Fig. 8) wherein the at least one primary joining portion and the at least one secondary joining portion each comprise a flange [i.e. element 131 on each link is considered a flange, see annotated figure below], the flange comprising a joining surface for joining to a corresponding joining surface [i.e. the inside surface of element 133 that engages element 131] of a corresponding flange ( 133) of at least one other housing portion (see annotated figure below, Par. 0073). Note, the annotated figure shows where the corresponding joining surface would be on at least one other housing portion, and where the joining surface would be on at least one primary joining portion and where the joining surface would be on the at least one secondary joining portion.
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Regarding claim 7, Fukuma discloses the medical device of claim 6. Fukuma further discloses wherein the joining surfaces of the primary and secondary joining portions are the same size [i.e. the primary and secondary joining surfaces are both the surface of element 131 on different links which have the same size] (Fig. 9D).
Regarding claim 8, Fukuma discloses the medical device of claim 2. Fukuma further discloses wherein a plurality of primary joining portions are interleaved with a plurality of secondary joining portions [i.e. a plurality of primary joining portions would be elements 131 between a plurality of secondary joining portions which would be elements 133] (Par. 0069 & 0073).
Regarding claim 9, Fukuma discloses the medical device of claim 8. Fukuma further discloses wherein the plurality of secondary joining portions of one of the at least two housing portions contact the plurality of secondary joining portions of another of the at least two housing portions when the primary joining portions are joined [i.e. primary joining portions when removed are joined and the plurality of secondary joining portions of each housing portion are joined to shorten the band] (see annotated figure below & Par. 0064-0065).
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Regarding claim 11, Fukuma discloses the medical device of claim 1. Fukuma further discloses wherein the at least one secondary joining portion comprises a portion of an outer surface of the medical device when the at least two housing portions are joined together at the at least one sacrificial joint (see annotated figure below).
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Regarding claim 12, Fukuma discloses the medical device of claim 1. Fukuma further discloses wherein the at least one secondary joining portion is located within an outer surface of the of the medical device when the at least two housing portions are joined together at the at least one sacrificial joint (see annotated figure below).
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Regarding claim 13, Fukuma discloses the medical device of claim 1. Fukuma further discloses wherein the at least one secondary joining portions of the at least two housing portions are configured for being bonded together for rejoining the at least two housing portions together [i.e. elements 132 and 134 engaging to shorten band] (Fig. 8; Par. 0064-0065 & 0073).
Regarding claim 14, Fukuma discloses the medical device of claim 1. Fukuma further discloses wherein the at least one sacrificial joint comprises at least one sacrificial portion configured to be removed prior to joining the secondary joining portions together (Par. 0064-0065).
Regarding claim 15, Fukuma discloses the medical device of claim 14. Fukuma further discloses wherein the at least one sacrificial portion is configured to be removed by dissolving with a solvent [i.e. the links are formed of an elastic material such as a synthetic resin such as polypropylene which can be dissolved by a solvent, note the claim is not limited any particular solvent] (Par. 0056).
Regarding claim 16, Fukuma discloses the medical device of claim 14. Fukuma further discloses wherein the secondary joining portions are bonded to the at least one sacrificial portion [i.e. the portions are connected via elements 132 and 134] (Par. 0064-0065 & 0073).
Regarding claim 17, Fukuma discloses the medical device of claim 16. Fukuma further discloses wherein the secondary joining portions are configured for being bonded to at least one replacement sacrificial portion for rejoining the at least two housing portions together [i.e. links can be inserted between the secondary joining portions and connected to extend the band] (Par. 0066).
Regarding claim 18, Fukuma discloses the medical device of claim 1. Fukuma further discloses wherein the medical device is a handheld device [i.e. the device can be carried by hand] (Par. 0061 & 0090).
Regarding claim 19, Fukuma discloses the medical device of claim 1. Fukuma further discloses wherein the medical device comprises a handle (see annotated figure below) that is formed at least in part by at least a portion of the at least two housing portions [i.e. the device can be carried by hand] (Par. 0061 & 0090).
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Allowable Subject Matter
Claim 10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art references Epstein (US 5,437,657), Gardner (US 5,570,426), and Booty, JR. et al. (US 2007/0112245) disclose headphones that are used for various medical purposes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho, at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHIMA U IGBOKO/ Examiner, Art Unit 3771
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