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 .
This office action is in response to applicant’s filing dated 11/21/2024, claims 1-20 are currently pending in the application.
"Ear defenders helmet connection for Uvex bayonet system", 11 December 2023 (2023-12-11), pages 1-6, XP093278074, Retrieved from the Internet: RL:web.archive.org/web/20231211214237/htt, ps://www.uvex-safety.com/en/products/hearing-protection/9486/ear-defenders-helmet-connection-for-uvex-bayonet-system/
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 7-9, 11, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over "Ear defenders helmet connection for Uvex bayonet system", 11 December 2023 (2023-12-11), pages 1-6, XP093278074, Retrieved from the Internet: RL:web.archive.org/web/20231211214237/htt, ps://www.uvex-safety.com/en/products/hearing-protection/9486/ear-defenders-helmet-connection-for-uvex-bayonet-system/ hereinafter Uvex in view of "pheos adapter magnetic bayonet", 11 December 2023 (2023-12-11), pages 1-6, XP093278075, Retrieved from the Internet: URL:web.archive.org/web/20231211223446/htt ps://www.uvex-safety.com/en/products/hearing-protection/9487/pheos-adapter-magnetic-bayonet/ hereinafter Pheos.
Regarding claim 1, Uvex teaches A headset mounting system (in Last page lower two pictures shows a mounting system for “Uvex aXess one” headset), comprising: a side shroud (last page lower two pictures show the horse shoe shaped headset assembly attached to a horizontal black member which is the side shroud) configured to be attached to a side of a helmet (lower two pictures of last page show the connecting system attached to a helmet), the side shroud including a mounting receptacle (in the middle right picture on last page of reference it is shown that the headset assembly has female receptacles, also in the bottom two pictures it is shown that the headset assembly is attached at the receptacles with the side shroud); a headset assembly (horse shoe shaped shown in middle right picture in last page) having a mounting plug (the female receptacles shown in the middle right picture on last page), the mounting plug configured to be detachably coupled to the mounting receptacle (as shown in middle right picture in last page the horse shoe headset assembly is detached from the helmet side shroud, and in the bottom two pictures it is shown how they are attached to the side shroud of the helmet), Uvex does not specifically disclose the system further comprising the mounting plug comprising a cylindrical stub having one or more lugs; a retaining collar disposed within the mounting receptacle, the retaining collar having one or more slots formed therein; wherein at least a portion of the mounting plug is configured to fit within the collar of the receptacle when the one or more lugs are aligned with the one or more slots; and wherein the plug is configured to be rotated within the collar so that the one or more lugs engage behind the collar, thereby securing the plug within the receptacle however,
Since it is known in the art as evidenced by Pheos for a system to further comprise the mounting plug comprising a cylindrical stub having one or more lugs (picture in first page shows the cylindrical shaped stub with two lugs); a retaining collar disposed within the mounting receptacle, the retaining collar having one or more slots formed therein; wherein at least a portion of the mounting plug is configured to fit within the collar of the receptacle when the one or more lugs are aligned with the one or more slots ( in the first page it is shown the adaptor that connects the headset assembly to the side shroud, the adapter fits into the retaining collar of the female receptacles of the headset assembly, the slots are shown in middle right picture of last page of reference Uvex); and wherein the plug is configured to be rotated within the collar so that the one or more lugs engage behind the collar, thereby securing the plug within the receptacle (the bottom two pictures in the last page of reference Uvex show both rotational positions of the plug doffed and donned),
An ordinary skilled in the art would be motivated to modify the invention of Uvex with the teachings of Pheos for the benefit of improving the functionality of the system, therefore it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Uvex with Pheos.
Regarding claim 2, Uvex as modified by Pheos teaches the system of claim 1, Uvex further teaches the system further comprising wherein the headset assembly includes a yoke (in top left picture of last page a horse shoe shaped yoke is shown) having a proximal end coupled to the mounting plug (in middle right picture on last page the yoke on one end is showing the receptacles that engage with the mounting plug) and a distal end coupled to an earpiece (last page middle right picture shows the yoke on the free end holding a speaker).
Regarding claim 3, Uvex as modified by Pheos teaches the system of claim 1, Uvex further teaches the system further comprising wherein the plug is pivotable about an axis that is disposed above an ear of a user when donned by the user (last page left bottom picture shows how the plug pivots above the ear of the user and donned).
Regarding claim 4, Uvex as modified by Pheos teaches the system of claim 3, Uvex further teaches the system further comprising wherein the plug is configured to rotate between a first position wherein the one or more lugs are aligned with the one or more slots and a second position wherein the earpiece is in a deployed position at least partially covering an ear of the user when donned by the user (last page bottom two pictures show a donned and a doffed position of a rotating plug).
Regarding claim 5, Uvex as modified by Pheos teaches the system of claim 4, Uvex further teaches the system further comprising wherein the plug is configured to rotate between said second position and a third position wherein the earpiece is stowed adjacent a rear portion of the helmet which is generally above and behind the ear of the user when donned by the user (stow away position is shown in bottom right picture on last page).
Regarding claim 7, Uvex as modified by Pheos teaches the system of claim 1, Uvex further teaches the system further comprising a helmet structure configured to protect a head of a user (bottom two pictures on last page show a protective helmet).
Regarding claim 8, Uvex as modified by Pheos teaches the system of claim 1, Pheos further teaches the system further comprising wherein the side shroud is a component of a helmet accessory mounting platform (First page line 5 “Adaptor for Uvex Pheos helmets”).
Regarding claim 9, Uvex as modified by Pheos teaches the system of claim 1, Uvex further teaches the system further comprising wherein the earpiece is a circumaural ear cup (Middle right picture on last page shows a circumaural ear cup headset)
Regarding claim 11, Uvex as modified by Pheos teaches the system of claim 1, Uvex further teaches the system further comprising wherein the headset assembly (upper left picture on last page) includes: a pivoting interconnect member pivotally attached to the mounting plug (Upper left picture shows the receptacles that rotate on a stub on last page); a yoke attached to pivoting interconnect member (the horse shoe shaped yoke shown in top left picture on last page); an earpiece attached to the yoke (over the ear headset shown in middle right picture on last page); and wherein the pivoting interconnect member is pivotal about a first axis to move the earpiece toward and away from an ear of a user when donned by the user (bottom two pictures on last page show their pivoting towards and away from the user’s ear).
Regarding claim 17, Uvex teaches In a helmet communications system (bottom two pictures on last page shows a communications helmet), Uvex further teaches comprising: a mounting receptacle (Middle picture on last page of Uvex reference shows the receptacles); a mounting plug configured to be detachably (in the bottom two pictures it is shown how they are attached to the side shroud of the helmet) coupled to the mounting receptacle (picture on first page of Pheos reference), Uvex does not specifically disclose the system further comprising a headset mounting interface (Adaptor for Uvex Pheos Helmet on line 5, first page), the mounting plug comprising a cylindrical stub having one or more lugs (left side of picture on first page of Pheos reference shows the mounting plug); a retaining collar disposed within the mounting receptacle , Uvex further teaches the retaining collar (is shown in Middle right picture of on last page) having one or more slots formed therein (in the middle right picture on last page is shown one slot in the receptacle); Uvex does not specifically disclose the system further comprising wherein at least a portion of the mounting plug is configured to fit within the collar of the receptacle when the one or more lugs are aligned with the one or more slots (lug from reference Pheos fits into slot of middle right picture of Uvex); wherein the plug is configured to be rotated within the collar so that the one or more lugs engage behind the collar, thereby securing the plug within the receptacle however,
Since it is known in the art as evidenced by Pheos for a system to further comprise wherein at least a portion of the mounting plug is configured to fit within the collar of the receptacle when the one or more lugs are aligned with the one or more slots (lug from reference Pheos fits into slot of middle right picture of Uvex); wherein the plug is configured to be rotated within the collar so that the one or more lugs engage behind the collar, thereby securing the plug within the receptacle (Picture on first page of Pheos shows the male stub and the middle right picture of Uvex shows the slot in the receptacle that matches the stub and bottom two pictures of Uvex show the rotation between donned and doffed position of the headset on the ear of the user),
An ordinary skilled in the art would be motivated to modify the invention of Uvex with the teachings of Pheos for the benefit of improving the functionality of the system, therefore it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Uvex with Pheos.
Claim(s) 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over "Ear defenders helmet connection for Uvex bayonet system", 11 December 2023 (2023-12-11), pages 1-6, XP093278074, Retrieved from the Internet: RL:web.archive.org/web/20231211214237/htt, ps://www.uvex-safety.com/en/products/hearing-protection/9486/ear-defenders-helmet-connection-for-uvex-bayonet-system/ hereinafter Uvex in view of "pheos adapter magnetic bayonet", 11 December 2023 (2023-12-11), pages 1-6, XP093278075, Retrieved from the Internet: URL:web.archive.org/web/20231211223446/htt ps://www.uvex-safety.com/en/products/hearing-protection/9487/pheos-adapter-magnetic-bayonet/ hereinafter Pheos and further in view of Antony et al. (US 20260186736 A1) hereinafter Antony.
Regarding claim 13, Uvex as modified by Pheos teaches the system of claim 1, Uvex as modified by Pheos does not specifically disclose the system further comprising wherein the headset assembly includes a computer-based control unit however,
Since it is known in the art as evidenced by Antony for a system to further comprise wherein the headset assembly includes a computer-based control unit in (“A headphone device comprising: at least one earpiece; one or more amplifiers configured to drive one or more speakers; one or more network interface components configured to facilitate communication over at least one data network; at least one processor; at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the headphone assembly” in ¶[0245]),
An ordinary skilled in the art would be motivated to modify the invention of Uvex as modified by Pheos with the teachings of Antony for the benefit of improving the versatility of the device, therefore it would have been obvious to a person of ordinary skilled in the art prior to the effective filing date of the claimed invention to modify Uvex as modified by Pheos with Antony.
Regarding claim 14, Uvex as modified by Pheos and Antony teaches the system of claim 13, Antony further teaches the system further comprising wherein the headset assembly further comprises an audio codec operably coupled to the control unit and an audio speaker in (“The method according to feature 63, wherein the first metadata specifies one or more of: normalization information or a codec associated with the first audio content” in ¶[0286]).
Regarding claim 15, Uvex as modified by Pheos and Antony teaches the system of claim 13, Antony further teaches the system further comprising wherein the headset assembly further comprises one or more of a digital signal processor, a wireless communications interface, one or more manual controls, and a microphone (“The headphone device of any of features 23-26, wherein the at least one processors comprises a digital signal processor (DSP). [0250] (Feature 28) The headphone device of any of feature 23-27, wherein the headphone device comprises at least one microphone and wherein the headphone device is a hearable device configured to play back an amplified version of at least some sound detected using the at least one microphone” in ¶[0249]).
Regarding claim 16, Uvex as modified by Pheos and Antony teaches the system of claim 15, Antony further teaches the system further comprising wherein the wireless communications interface comprises a Bluetooth transceiver module (“wherein the first network corresponds to a BLUETOOTH network.” in ¶[0262]).
Allowable Subject Matter
Claims 6, 10, 12, 18 are 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMMAR T HAMID whose telephone number is (571)272-1953. The examiner can normally be reached M-F 9-5, Eastern time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571) 272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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AMMAR T. HAMID
Primary Examiner
Art Unit 2695
/AMMAR T HAMID/Primary Examiner, Art Unit 2695
Prosecution Insights