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 .
EXAMINER’S COMMENTS
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Drawings
3. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the head abutment portion is at least partly hollow and is configured to secure an electrical cable, the electrical cable being configured for electrically connecting the at least one earcup of the headset” recited in Claim 8, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
4. Claims 2-13 are objected to because of the following informalities:
Claims 2-6 and 8-12 recites “The headband for a headset according to claim 1,” and it should be “The headband for the headset according to claim 1,”.
Claim 7 recites “The headband for a headset according to claim 2,” and it should be “The headband for the headset according to claim 2,”.
Claim 13 recites “A headphone comprising a headband according to claim 1,” and it should be “A headphone comprising the headband according to claim 1,”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. 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.
6. Claim 6 is 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 pre-AIA the applicant regards as the invention.
Claim 6 recites the limitation "the second strap" in Line 2. There is insufficient antecedent basis for this limitation in the claim since the parent claim 1 did not recited any "second strap".
Double Patenting
7. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
8. A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
9. Claims 1-7 and 9-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 7-11 of U.S. Patent No. 12,200,428. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-5 and 7-11 of U.S. Patent No. 12,200,428 read into the pending claims 1-7 and 9-13 as shown in the table 1 below. The claims under examination are anticipated by U.S. Patent’s claims.
Table 1
Claim Under Examination (18/965488)
U.S. Patent No. 12,200,428
1. A headband for a headset, the headband being configured to carry at least one earcup of the headset, the headband comprising: a carrier; a first strap; and a wrapping, wherein the carrier is being curved to conform to a wearer's head, wherein the first strap is attached to the carrier at two attachment points, wherein the wrapping is being attached to the carrier and arranged to conceal the first strap, wherein the first strap and the wrapping together form a head abutment portion extending between the two attachment points and configured to abut to the wearer's head when the headband is worn by the wearer, and wherein at least one of the first strap and the wrapping comprises a flexible and elastic material configured to stretch along the length of the carrier between the two attachment points, thereby providing the head abutment portion configured to adapt to the shape of the wearer's head.
1. A headband for a headset, the headband being configured to carry at least one earcup of the headset, the headband comprising: a carrier; a first strap; a second strap arranged so that the first strap extends between the second strap and the carrier; and a wrapping, wherein the carrier is being curved to conform to a wearer's head, wherein the first strap is attached to the carrier at two attachment points, wherein the second strap is shorter than the first strap, wherein the first strap is shorter than the carrier between the two attachment points, wherein the wrapping is being attached to the carrier and arranged to conceal the first strap, wherein the first strap and the wrapping together form a head abutment portion extending between the two attachment points and configured to abut to the wearer's head when the headband is worn by the wearer, and wherein at least one of the first strap and the wrapping comprises a flexible and elastic material configured to stretch along the length of the carrier between the two attachment points, thereby providing the head abutment portion configured to adapt to the shape of the wearer's head.
2. The headband for a headset according to claim 1, wherein the headband further comprises a second strap arranged such that the first strap extends between the second strap and the carrier.
1. A headband for a headset, the headband being configured to carry at least one earcup of the headset, the headband comprising: a carrier; a first strap; a second strap arranged so that the first strap extends between the second strap and the carrier; and a wrapping, wherein the carrier is being curved to conform to a wearer's head, wherein the first strap is attached to the carrier at two attachment points, wherein the second strap is shorter than the first strap, wherein the first strap is shorter than the carrier between the two attachment points, wherein the wrapping is being attached to the carrier and arranged to conceal the first strap, wherein the first strap and the wrapping together form a head abutment portion extending between the two attachment points and configured to abut to the wearer's head when the headband is worn by the wearer, and wherein at least one of the first strap and the wrapping comprises a flexible and elastic material configured to stretch along the length of the carrier between the two attachment points, thereby providing the head abutment portion configured to adapt to the shape of the wearer's head.
3. The headband for a headset according to claim 1, wherein the first strap is formed from a non-stretchable material.
2. The headband for the headset according to claim 1, wherein the first strap is formed from a non-stretchable material.
4. The headband for a headset according to claim 1, wherein the first strap has a length which is shorter than the length of the carrier between the two attachment points.
1. A headband for a headset, the headband being configured to carry at least one earcup of the headset, the headband comprising: a carrier; a first strap; a second strap arranged so that the first strap extends between the second strap and the carrier; and a wrapping, wherein the carrier is being curved to conform to a wearer's head, wherein the first strap is attached to the carrier at two attachment points, wherein the second strap is shorter than the first strap, wherein the first strap is shorter than the carrier between the two attachment points, wherein the wrapping is being attached to the carrier and arranged to conceal the first strap, wherein the first strap and the wrapping together form a head abutment portion extending between the two attachment points and configured to abut to the wearer's head when the headband is worn by the wearer, and wherein at least one of the first strap and the wrapping comprises a flexible and elastic material configured to stretch along the length of the carrier between the two attachment points, thereby providing the head abutment portion configured to adapt to the shape of the wearer's head.
5. The headband for a headset according to claim 1, wherein the wrapping comprises a fabric.
3. The headband for the headset according to claim 1, wherein the wrapping comprises a fabric.
6. The headband for a headset according to claim 1, wherein the second strap comprises a material selected from a list of fabric, rubber, and/or silicone.
4. The headband for the headset according to claim 1, wherein the second strap comprises a material selected from a list of fabric, rubber, and/or silicone.
7. The headband for a headset according to claim 2, wherein the second strap comprises a spring.
5. The headband for the headset according to claim 1, wherein the second strap comprises a spring.
9. The headband for a headset according to claim 1, wherein the carrier and the head abutment portion contribute to a clamping force of the headband.
7. The headband for the headset according to claim 1, wherein the carrier and the head abutment portion contribute to a clamping force of the headband.
10. The headband for a headset according to claim 1, wherein the carrier is formed from a rigid material formed in a U-shape.
8. The headband for the headset according to claim 1, wherein the carrier is formed from a rigid material formed in a U-shape.
11. The headband for a headset according to claim 1, wherein the wrapping is wrapped around the first strap and the carrier.
9. The headband for the headset according to claim 1, wherein the wrapping is wrapped around the first strap and the carrier.
12. The headband for a headset according to claim 1, wherein any of the first and second strap are attached to the carrier via the wrapping.
10. The headband for the headset according to claim 1, wherein any of the first and second strap are attached to the carrier via the wrapping.
13. A headphone, comprising: a headband according to claim 1; and at least one earcup arranged at an end of the headband
11. A headphone for the headband according to claim 1 and at least one earcup arranged at an end of the headband.
Claim Rejections - 35 USC § 102
10. 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.
11. 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.
12. Claim(s) 1, 5, 9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Henderson et al. (Hereinafter Henderson) US-PG-PUB No. 2016/0212519.
Regarding claim 1, Henderson teaches
A headband for a headset (Figs. 1, 3 and 6 show a headphone 2 include headband), the headband being configured to carry at least one earcup (Fig. 1 shows an earcup assembly 16 and 18) of the headset as shown in Fig. 1, the headband comprising:
a carrier (Figs. 1 and 3 show an outer band 4);
a first strap (Figs. 1 and 5 show an elastic material 20); and
a wrapping (Figs. 1, 3 and 5 show a head cushion 21),
wherein the carrier (i.e. outer band 4) is being curved to conform to a wearer's head as shown in Fig. 6,
wherein the first strap (i.e. elastic material 20) is attached to the carrier (i.e. outer band 4) at two attachment points (Figs. 1 and 3 show a left sling arm 26 and a right sling arm 32),
wherein the wrapping (i.e. head cushion 21) is being attached to the carrier (i.e. outer band 4) and arranged to conceal the first strap (i.e. elastic material 20) as shown in Fig. 5 (Para. [0036], Lines 6-8),
wherein the first strap (i.e. elastic material 20) and the wrapping (i.e. head cushion 21) together form a head abutment portion extending between the two attachment points (i.e. left sling arm 26 and right sling arm 32) and configured to abut to the wearer's head when the headband is worn by the wearer as shown in Fig. 6 and Para. [0038]-[0040], and
wherein at least one of the first strap (i.e. elastic material 20) and the wrapping (*i.e. head cushion 21) comprises a flexible and elastic material configured to stretch along the length of the carrier (i.e. outer band 4) between the two attachment points (i.e. left sling arm 26 and right sling arm 32), thereby providing the head abutment portion configured to adapt to the shape of the wearer's head as shown in Fig. 6 (Elastic material 20 is pulled/lengthened when the headband is placed on the wearer's head, exerting tension, and returns to its former shape/length when removed from the wearer's head…..Para. [0031], Lines 6 and Para. [0038]-[0040]) *Note: the definition of “cushion” is an elastic body for reducing shock. (Retrieved from Internet <https://www.merriamwebster.com/dictionary/cushion#:~:text=Synonyms%20of%20cushion-,1,bodily%20part%20resembling%20a%20pad>.
Regarding claim 5, Henderson teaches
A headband for a headset according to claim 1, wherein the wrapping (i.e. head cushion 21) comprises a fabric (As shown in FIG. 5, head cushion 21 in one form factor is a fabric sleeve…Para. [0036], Lines 6-8).
Regarding claim 9, Henderson teaches
A headband for a headset according to claim 1, wherein the carrier (i.e. outer band 4) and the head abutment portion contribute to a clamping force of the headband as shown in Fig. 6 (In operation, the sling band 6 is positioned on the wearer's head when the user puts on the headphone 2. The elasticity of sling band 6 allows it to self-adapt (i.e., automatically conform) to the wearer's head, accommodating a variety of head sizes. In addition to altering in length to ensure a proper fit, the sling band 6 provides a resilient inner force against the user head to hold the headphone 2 securely in place, the resilient inner force in response to the elastic material being stretched upwards (i.e., outwards). The head cushion 21 rests against the wearer's head….Para. [0039], Lines 1-10).
Regarding claim 13, Henderson teaches
A headphone comprising a headband according to claim 1, and at least one earcup arranged at an end of the headband as shown in Fig. 1.
Claim Rejections - 35 USC § 103
13. 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 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.
14. 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 of this title, 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.
15. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Henderson in view of Seki US-PAT No. 5,574,795.
Regarding claim 3, Henderson teaches all the features with respect to claim 1 as outlined above.
Henderson does not explicitly teach that the first strap is formed from a non-stretchable material.
Seki teaches in Fig. 2 of a suspender member 9 is made up of an extendable section 10 and a pair of non-extendable sections 14 (Col. 4, Lines 5-8).
Henderson and Seki each disclose a headband. One of ordinary skill in the art could have integrated the suspender member is made up of non-extendable sections of Seki to the headband of Henderson. The resulting combined apparatus would yield predictable results of limiting the possible over-stretching of the first strap.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the suspender member is made up of non-extendable sections of Seki with the headband of Henderson to yield the predictable result of limiting the possible over-stretching of the first strap.
16. Claims 6 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Henderson in view of Mobed et al. (Hereinafter Mobed) US-PG-PUB No. 2019/0356976.
Regarding claim 6, Henderson teaches all the features with respect to claim 1 as outlined above.
Henderson does not explicitly teach that the second strap comprises a material selected from a list of fabric, rubber, and/or silicone.
Mobed teaches that the front flap 306 is made from the elastic material (i.e. a material selected from a rubber, and/or silicone)….Para. [0039], Lines 1-8.
Henderson and Mobed each disclose a headband. One of ordinary skill in the art could have integrated the second strap made from the elastic material of Mobed to the headband of Henderson. The resulting combined apparatus would yield predictable results of allowing for a comfortable wear on or around the user's head.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the second strap made from the elastic material of Mobed with the headband of Henderson to yield the predictable result of allowing for a comfortable wear on or around the user's head.
Regarding claim 11, Henderson teaches all the features with respect to claim 1 as outlined above.
Henderson does not explicitly teach that the wrapping is wrapped around the first strap and the carrier.
Mobed teaches in Fig. 4A-4B of a headband cushion cover 210 is wrapped around the rear flap 304 and the headband 206 as shown in Fig. 4H.
Henderson and Mobed each disclose a headphone. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the wrapping wrapped around the first strap and the carrier of Mobed could have been substituted for the wrapping of Henderson because each the wrapping of Mobed and the wrapping of Henderson serve the purpose of providing an aesthetically pleasing look to the headphone. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of providing a comfortable wear on the user's head.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the wrapping wrapped around the first strap and the carrier of Mobed for the wrapping of Henderson according to known methods to yield the predictable result of providing a comfortable wear on the user's head.
Regarding claim 12, Henderson teaches all the features with respect to claim 1 as outlined above.
Henderson does not explicitly teach that any of the first and second strap are attached to the carrier via the wrapping.
Mobed teaches in Fig. 4A-4B of any of the elongated rear flap 304 and elongated front flap 306 are attached to the headband 206 via the headband cushion cover 210 as shown in Fig. 4H.
Henderson and Mobed each disclose a headphone. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the first and second strap are attached to the carrier via the wrapping of Mobed could have been substituted for the wrapping of Henderson because each the wrapping of Mobed and the wrapping of Henderson serve the purpose of providing an aesthetically pleasing look to the headphone. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of providing a comfortable wear on the user's head.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the first and second strap are attached to the carrier via the wrapping of Mobed for the wrapping of Henderson according to known methods to yield the predictable result of providing a comfortable wear on the user's head.
17. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Henderson in view of Andersen et al. (Hereinafter Andersen) US-PG-PUB No. 2020/0280801.
Regarding claim 8, Henderson teaches all the features with respect to claim 1 as outlined above.
Henderson does not explicitly teach that the head abutment portion is at least partly hollow and is configured to secure an electrical cable, the electrical cable being configured for electrically connecting the at least one earcup of the headset.
Andersen teaches in Fig. 3L of a data synchronization cable 368 extending through the hollow stem and the interior volume to electrically couple the first 304 and second earpieces 306.
Henderson and Andersen each disclose a headband. One of ordinary skill in the art could have modify the headband of Henderson with the hollow stem configured to secure the electrical cable, the electrical cable being configured for electrically connecting the earcups of the headphone. The resulting combined apparatus would yield predictable results of concealing the electrical cable.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the headband of Henderson with the hollow stem configured to secure the electrical cable, the electrical cable being configured for electrically connecting the earcups of the headphone to yield the predictable result of concealing the electrical cable.
18. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Henderson in view of Taniguch et al. (Hereinafter Taniguch) JP 2000032580 (For examination purports English Machine Translation of Taniguch would be use as cited reference).
Regarding claim 10, Henderson teach all the features with respect to claim 1 as outlined above.
Henderson does not explicitly teach that the carrier is formed from a rigid material formed in a U-shape.
Taniguch teaches of a carrier is formed from a rigid material formed in a U-shape (Abstract, Lines 8-9).
Henderson and Taniguch each disclose a headphone. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the carrier formed from the rigid material formed in the U-shape of Taniguch could have been substituted for the carrier of Henderson because each the carrier of Taniguch and the carrier of Henderson serve the purpose of being wear on or around the head. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of allowing the headphone to be keep in place.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the carrier formed from the rigid material formed in the U-shape of Taniguch for the carrier of Henderson according to known methods to yield the predictable result of allowing the headphone to be keep in place.
Conclusion
19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELICA M MCKINNEY whose telephone number is (571)270-3321. The examiner can normally be reached 7AM-3PM EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/ANGELICA M MCKINNEY/Primary Examiner, Art Unit 2694
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