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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: connector in independent claims 1 and 12; coupling retainer in claims 10 and 20.
Claim limitation “connector” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “connector” as a substitute for means coupled with functional language “connect” without reciting sufficient structure to achieve the function. Furthermore, the generic place holder is not preceded by a structural modifier.
A review of the specification shows that the corresponding structure of the 35 U.S.C. 112(f) or pre-AIA U.S.C. 112, sixth paragraph limitation “connector” is described in the specification as including magnetic material ([00040]).
Claim limitation “coupling retainer” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “retainer” as a substitute for means coupled with functional language “coupling” without reciting sufficient structure to achieve the function. Furthermore, the generic place holder is not preceded by a structural modifier.
A review of the specification shows that the corresponding structure of the 35 U.S.C. 112(f) or pre-AIA U.S.C. 112, sixth paragraph limitation “coupling retainer” is described in the specification as including a unit of material, such as plastic, metal, etc., which may resist deformation; a rod shape, ball shape; hard plastic surrounded by dampening material ([00036]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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.
Claims 7-9 and 10-11 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 7 and 10 recites the limitation "the first plug base" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as – further comprising a first plug base, the first plug base comprises--.
Claims 8-9 are dependent on claim 7 and are therefore rejected for at least the same reasons as claim 7.
Claim 11 is dependent on claim 1 and is therefore rejected for at least the same reasons as claim 10.
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Magidson (US 5957136) in view of Rhoad (US 5806526).
Regarding claim 1, Magidson discloses a wearable noise-reducing device (10) (col. 2, lines 44-51; col. 1, lines 1-5; NOTE: as the plug is for an ear and is to protect a user’s hearing it is implied that one plug is used per ear of a user thus two plugs are worn by the user to protect hearing and together make up the wearable noise-reducing device, capable of intended use), the device comprising:- a first connector (42) (col. 4, lines 22-28, ferric powder is magnetically detectable and is thus a connector per the 112f analysis above; Fig. 3) coupled to a first ear plug (10, 28) (Fig. 3; col. 4, lines 22-28), the first ear plug surrounding at least a portion of the first connector (Fig. 3, col. 4, lines 22-28);- a second connector (42) (col. 4, lines 22-28, ferric powder is magnetically detectable and is thus a connector per the 112f analysis above) coupled to a second ear plug (10) (col. 1, lines 1-5; NOTE: as the plug is for an ear and is to protect a user’s hearing it is implied that one plug is used per ear of a user thus two plugs are worn by the user to protect hearing and thus plug 10 is a second ear plug with a second connector), the second ear plug surrounding at least a portion of the second connector (Fig. 3; col. 4, lines 22-28).
Magidson does not explicitly wherein the first connector and second connector are configured to be removably coupled together; and- a flexible coupling having an elongated length, wherein the flexible coupling is coupled to both the first ear plug and to the second ear plug.
Rhoad teaches an analogous wearable noise-reducing device (20, 10) (Fig. 2, col. 2, lines 18-23) comprising an analogous first connector (magnetic fasteners, col. 2, lines 41-50) coupled to an analogous first ear plug (10) and an analogous second connector (magnetic fasteners, col. 2, lines 41-50) coupled to an analogous second ear plug (20), wherein the first connector and the second connector are configured to be removably coupled together (col. 2, lines 33-60, mating ear plugs using magnetic fasteners are a removable coupling of the connectors and earplugs); and- a flexible coupling (12) (Fig. 2) (col. 2, lines 33-40, any type of flexible elongated element) having an elongated length (col. 2, lines 33-40; Fig. 2), wherein the flexible coupling is coupled to both the first ear plug and to the second ear plug (Fig. 2, col. 2, lines 33-40).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the first connector and second connector of the wearable-noise-reducing device of Magidson is configured to be removably coupled together; and that the wearable- noise-reducing device of Magidson comprises a flexible coupling having an elongated length, wherein the flexible coupling is coupled to both the first ear plug and to the second ear plug, as taught by Rhoad, in order to provide an improved wearable noise-reducing device that facilitates carrying ear plugs on glasses and fastening them to form a lanyard to facilitate knowing the whereabouts of the ear plugs and positioning the ear plugs in a position in which they can readily be used (Rhoad, lines 51-59).
Regarding claim 2, Magidson in view of Rhoad discloses the invention as described above with regard to claim 2.
The combination further discloses a first plug base (30) (Magidson, col. 2, line 62 to col. 3, line 4, back end 30 is a base for member 14; Fig. 3), and wherein the first connector, the first ear plug, and the flexible coupling are coupled to the first plug base (In the combination, the flexible coupling taught by Rhoad is coupled to the ear plug and the first connector and as Magidson discloses the ear plug has a first plug base, it would follow in the combination that the first connector, the first ear plug, and the flexible coupling are coupled to the first plug base).
Regarding claim 3, Magidson in view of Rhoad discloses the invention as described above with regard to claim 1.
Magidson further discloses wherein the first connector is positioned within the first ear plug so that the first ear plug surrounds the first connector (Fig. 3 shows the magnetic material 42 positioned within the first ear plug 28 so that the first ear plug surrounds the connector).
Regarding claim 4, Magidson in view of Rhoad discloses the invention as described above with regard to claim 3.
Magidson further discloses wherein the second connector is positioned within the second ear plug so that the second ear plug surrounds the second connector (as the second connector and second ear plug are the same as the first connector and ear plug thus see description above with regard to claim 3).
Regarding claim 5, Magidson in view of Rhoad discloses the invention as described above with regard to claim 1.
Magidson further discloses wherein the first ear plug and the second ear plug each comprise a flexible material (col. 3, lines 33-51, member 12 is composed of a resilient polymeric material and thus has some level of flexibility and is flexible and this would apply to the pair of ear plugs used).
Regarding claim 6, Magidson in view of Rhoad discloses the invention as described above with regard to claim 1.
The combination further discloses wherein the first connector comprises a first magnetic material (42) (In the combination, Magidson discloses wherein the first connector comprises a first magnetic material, see claim 1 rejection), wherein the second connector comprises a second magnetic material (42) (See claim 1 rejection above, explaining that Magidson discloses the second connector comprises a second magnetic material), and wherein the first connector and the second connector configured to be magnetically coupled together (in the combination Rhoades, teaches the first connector and the second connector are configured to be magnetically coupled together, see description with regard to the rejection to claim 1 pertaining to the first and second connectors are removably coupled together via a magnetic material).
Regarding claim 7, Magidson in view of Rhoad discloses the invention as described above with regard to claim 1.
Magidson further discloses wherein the first plug base (30) (col. 2, line 62 to col. 3, line 4, back end 30 is a base for member 14), comprises a base projection (14) (Fig.2, Fig. 3; col. 2, lines 62-65; Magidson discloses that element 14 is a plug and it projects from base 30), wherein the first ear plug and the first connector are coupled to the base projection (Fig. 2), and wherein the base projection comprises an acoustic dampener (Applicant’s specification at, [00033] provides: Preferably, an acoustic dampener 21A, 21B, may comprise a sound dampening or sound deadening material. In preferred embodiments, an acoustic dampener 21A, 21B, may comprise acoustic foam that may be an open celled foam used for acoustic treatment, such as may be made from polyurethane [either polyether or polyester], extruded melamine foam, etc. In further embodiments, an acoustic dampener 21A, 21B, may comprise silicone, rubber, acoustic mineral wool, echo absorber acoustic cotton, other types of foam materials, or any other material that may possess sound dampening or sound deadening properties; Magidson, col. 3, lines 20-31, lines 52-64, the member 14 should be composed of a resilient polymeric material, and an examples of a resilient polymeric material is polyurethane which is disclosed in Applicant’s specification as being an acoustic dampener and thus the base projection is capable of the intended use of acoustic dampener).
Claim(s) 1, 7-9 and 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cran (US 2020/0188176) in view of Magidson (US 5957136), and in further view of Rhoad (US 5806526).
Regarding claim 1, Cran discloses a wearable noise-reducing device (100) ([0020], earplugs worn in user’s ears, capable of intended use), the device comprising: a first ear plug (100, 110) ([0020], one of the pair of earplugs), a second ear plug (100, 110) ([0020], the other of the pair of ear plugs).
Cran does not disclose - a first connector coupled to a first ear plug, the first ear plug surrounding at least a portion of the first connector;- a second connector coupled to a second ear plug, the second ear plug surrounding at least a portion of the second connector, wherein the first connector and second connector are configured to be removably coupled together; and - a flexible coupling having an elongated length, wherein the flexible coupling is coupled to both the first ear plug and to the second ear plug.
Magidson teaches an analogous wearable noise-reducing device (10) (col. 2, lines 44-51; col. 1, lines 1-5; NOTE: as the plug is for an ear and is to protect a user’s hearing it is implied that one plug is used per ear of a user thus two plugs are worn by the user to protect hearing and together make up the wearable noise-reducing device, capable of intended use), the device comprising:- a first connector (42) (col. 4, lines 22-28, ferric powder is magnetically detectable and is thus a connector per the 112f analysis above) coupled to an analogous first ear plug (10) (Fig. 3; col. 4, lines 22-28), the first ear plug surrounding at least a portion of the first connector (Fig. 3, col. 4, lines 22-28);- a second connector (42) (col. 4, lines 22-28, ferric powder is magnetically detectable and is thus a connector per the 112f analysis above) coupled to an analogous second ear plug (10) (col. 1, lines 1-5; NOTE: as the plug is for an ear and is to protect a user’s hearing it is implied that one plug is used per ear of a user thus two plugs are worn by the user protect hearing and thus plug 10 is a second ear plug with a second connector), the second ear plug surrounding at least a portion of the second connector (Fig. 3; col. 4, lines 22-28).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the wearable noise-reducing device of Cran is comprising a first connector coupled to the first ear plug of Cran, the first earplug surrounding at least a portion of the first connection; a second connector coupled to the second ear plug of Cran, the second ear plug surrounding at least a portion of the second connector, as taught by Magidson, in order to provide an improved wearable noise-reducing device that facilitates magnetic detection of the device (Magidson, col. 4, lines 22-28).
Cran in view of Magidson discloses the invention as described above.
Cran in view of Magidson does not disclose wherein the first connector and second connector are configured to be removably coupled together; and- a flexible coupling having an elongated length, wherein the flexible coupling is coupled to both the first ear plug and to the second ear plug.
Rhoad teaches an analogous wearable noise-reducing device (20, 10) (Fig. 2, col. 2, lines 18-23) comprising an analogous first connector (magnetic fasteners, col. 2, lines 41-50) coupled to an analogous first ear plug (10) and an analogous second connector (magnetic fasteners, col. 2, lines 41-50) coupled to an analogous second ear plug (20), wherein the first connector and the second connector are configured to be removably coupled together (col. 2, lines 33-60, mating ear plugs using magnetic fasteners are a removably coupling of the connectors and earplugs); and- a flexible coupling (12) (Fig. 2) (col. 2, lines 33-40, any type of flexible elongated element) having an elongated length (col. 2, lines 33-40; Fig. 2), wherein the flexible coupling is coupled to both the first ear plug and to the second ear plug (Fig. 2, col. 2, lines 33-40).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the first connector and second connector of the wearable-noise-reducing device of Cran in view of Magidson are configured to be removably coupled together; and that the wearable- noise-reducing device of Cran in view of Magidson comprises a flexible coupling having an elongated length, wherein the flexible coupling is coupled to both the first ear plug and to the second ear plug, as taught by Rhoad, in order to provide an improved wearable noise-reducing device that facilitates carrying ear plugs on glasses and fastening them to form a lanyard to facilitate knowing the whereabouts of the ear plugs and positioning the ear plugs in a position in which they can readily be used (Rhoad, col. 2, lines 51-59).
Regarding claim 7, Cran in view of Magidson and in further view of Rhoad discloses the invention as described above.
The combination further discloses wherein the first plug base (154, 150, 136) (annotated Cran Fig. 1D below)
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comprises a base projection (130, 134, 136, 138) (Cran, annotated Fig. 1D; Fig. 1C) , wherein the first ear plug and the first connector are coupled to the base projection (Cran Fig. 1C, annotated Fig. 1D; per Magidson teaching the first connector is coupled to the ear plug and in the combination that includes a base projection of Cran and thus it is coupled to the base projection in the combination), and wherein the base projection comprises an acoustic dampener (132) (Cran, [0027]; [0028]; sound filtering/attenuation; capable of intended use).
Regarding claim 8, Cran in view of Magidson and in further view of Rhoad discloses the invention as described above with regard to claim 7.
The combination further discloses wherein the first plug base comprises a base cavity (136) (Cran, [0026], a hollow core 136; annotated Fig. 1D above with regard to claim 7, Cran, Fig. 1B), wherein the base projection comprises a base channel (136) (Cran, [0026], [0030]; hollow core 136; annotated Fig. 1D above with regard to claim 7; Fig. 1B) that extends through the base projection (annotated Fig. 1D above with regard to claim 7 rejection, Cran, [0026]) and into communication with the base cavity (Cran, [0026], annotated Fig. 1D, the hollow cores 136 are in communication with each other as the elements are coupled together and both have hollow cores), and wherein the acoustic dampener is disposed within the base channel (Cran annotated Fig. 1D) to acoustically isolate the first connector from the base cavity (capable of intended use; in the combination, Magidson teaches the first connector is coupled to the first ear plug so in the combination as the acoustic dampener is capable of acoustically isolating the first ear plug from the base cavity so too is it capable of acoustically isolating the connector [which is coupled to the first ear plug] from the base cavity).
Regarding claim 9, Cran, in an embodiment of Fig. 1, in view of Magidson and in further view of Rhoad discloses the invention as described above with regard to claim 7.
Cran, in an embodiment of Fig. 1, in view of Magidson and in further view of Rhoad does not disclose wherein the acoustic dampener comprises acoustic foam.
Cran, in an embodiment of Fig. 4, teaches an analogous ear plug (410) ([0035]) having an analogous base projection (438, 430, 440, 446) ([0034]-[0036]), wherein the base projection comprises an acoustic dampener (432, 432-1) ([0038]; sound attenuating capsule to reduce overall noise) and wherein the acoustic dampener comprises acoustic foam ([0038], the acoustic dampener is foam and this it is an acoustic foam in that it reduces noise).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the acoustic dampener of the wearable noise-reducing device of Cran (in a first embodiment) in view of Magidson and in further view of Rhoad comprises acoustic foam, as taught by Cran in a second embodiment, in order to provide an improved wearable noise-reducing device that facilitates reduction of overall noise level for hearing protection (Cran, [0038]).
Regarding claim 12, Cran discloses a wearable noise-reducing device (100) ([0020], earplugs worn in user’s ears, capable of intended use), the device comprising: a first plug base (154, 150, 136) (annotated Fig. 1D above with regard to the claim 7 rejection);- a first ear plug (100, 110) ([0020], one plug of the pair of ear plugs) coupled to the first plug base (Fig. 1C), a second plug base (154, 150, 136) (annotated Fig. 1D above with regard to the claim 7 rejection, [0020], the other plug base of the pair of ear plugs), a second ear plug (100, 110) ([0020], another of the pair of ear plugs) coupled to the second plug base (Fig. 1C).
Cran does not disclose a first connector coupled to a first base plug, the first ear plug surrounding at least a portion of the first connector; a second connector coupled to a second base plug, wherein the first connector and second connector are configured to be removably coupled together; wherein the first connector and the second connector are configured to be remotely coupled together; the second ear plug surrounding at least a portion of the second connector; and- a flexible coupling having an elongated length, wherein the flexible coupling is coupled to both the first plug base and to the second plug base.
Magidson teaches an analogous wearable noise-reducing device (10) (col. 2, lines 44-51; col. 1, lines 1-5; NOTE: as the plug is for an ear and is to protect a user’s hearing it is implied that one plug is used per ear of a user thus two plugs are worn by the user to protect hearing and together make up the wearable noise-reducing device, capable of intended use), the device comprising:- a first connector (42) (col. 4, lines 22-28, ferric powder is magnetically detectable and is thus a connector per the 112f analysis above) coupled to an analogous first base plug (30) (Fig. 3; col. 2, line 62 to col. 3, line 4, back end 30 is a base member for 14), an analogous first ear plug (28) surrounding at least a portion of the first connector (Fig. 3, col. 4, lines 22-28);- a second connector (42) (col. 4, lines 22-28, ferric powder is magnetically detectable and is thus a connector per the 112f analysis above) coupled to an analogous second base plug (30) (Fig. 3; col. 2, line 62 to col. 3, line 4, back end 30 is a base member for 14; NOTE: as the plug is for an ear and is to protect a user’s hearing it is implied that one plug is used per ear of a user thus two plugs are worn to protect hearing and thus plug 10 is has second plug base), the second ear plug surrounding at least a portion of the second connector (Fig. 3; col. 4, lines 22-28).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide to the wearable noise-reducing device of Cran a first connector coupled to a first base plug of Cran, the first ear plug surrounding at least a portion of the first connector; a second connector coupled to a second base plug of Cran; the second ear plug surrounding at least a portion of the second connector, as taught by Magidson, in order to provide an improved wearable noise-reducing device that that facilitates magnetic detection of the device (Magidson, col. 4, lines 22-28).
Cran in view of Magidson discloses the invention as described above.
Cran in view of Magidson does not disclose wherein the first connector and second connector are configured to be removably coupled together;-a flexible coupling having an elongated length, wherein the flexible coupling is coupled to both the first plug base and to the second plug base.
Rhoad teaches an analogous wearable noise-reducing device (20, 10) (Fig. 2, col. 2, lines 18-23) comprising an analogous first connector (magnetic fasteners, col. 2, lines 41-50) coupled to an analogous first ear plug (10) and an analogous first plug base (see annotated Fig. 2 below with regard to the claims 10 rejection) and an analogous second connector (magnetic fasteners, col. 2, lines 41-50) coupled to an analogous second ear plug (20) and an analogous second plug base (see Fig. 2 where cord 22 connects with a second base of plug 20), wherein the first connector and the second connector are configured to be removably coupled together (col. 2, lines 33-60, mating ear plugs using magnetic fasteners are a removably coupling of the connectors and earplugs); and- a flexible coupling (12) (Fig. 2) (col. 2, lines 33-40, any type of flexible elongated element) having an elongated length (col. 2, lines 33-40; Fig. 2), wherein the flexible coupling is coupled to both the first plug base and to the second plug base (Fig. 2, col. 2, lines 33-40).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the first connector and second connector of the wearable-noise-reducing device of Cran in view of Magidson are configured to be removably coupled together; and that the wearable noise-reducing device of Cran in view of Magidson comprises a flexible coupling having an elongated length, wherein the flexible coupling is coupled to both the first plug base and to the second plug base, as taught by Rhoad, in order to provide an improved wearable noise-reducing device that facilitates carrying ear plugs on glasses and fastening them to form a lanyard to facilitate knowing the whereabouts of the ear plugs and positioning the ear plugs in a position in which they can readily be used (Rhoad, col. 2, lines 51-59).
Regarding claim 13, Cran in view of Magidson and in further view of Rhoad discloses the invention as described above with regard to claim 12.
Magidson further teaches wherein the first connector is positioned within the first ear plug so that the first ear plug surrounds the first connector (Fig. 3 shows the magnetic material 42 positioned within the first ear plug 28 so that the first ear plug surrounds the connector).
Regarding claim 14, Cran in view of Magidson and in further view of Rhoad discloses the invention as described above with regard to claim 13.
Magidson further teaches wherein the second connector is positioned within the second ear plug so that the second ear plug surrounds the second connector (as the second connector and second ear plug are the same as the first connector and ear plug thus see description above with regard to claim 13).
Regarding claim 15, Cran in view of Magidson and in further view of Rhoad discloses the invention as described above with regard to claim 12.
Cran further discloses wherein the first ear plug and the second ear plug each comprise a flexible material ([0021], soft and resilient material).
Regarding claim 16, Cran in view of Magidson and in further view of Rhoad discloses the invention as described above with regard to claim 12.
The combination further discloses wherein the first connector comprises a first magnetic material (42) (In the combination, Magidson teaches wherein the first connector comprises a first magnetic material, see claim 12 rejection),wherein the second connector comprises a second magnetic material (42) (See claim 12 rejection above, explaining that Magidson discloses the second connector comprises a second magnetic material), and wherein the first connector and the second connector configured to be magnetically coupled together (in the combination Rhoades, teaches the first connector and the second connector are configured to be magnetically coupled together, see description with regard to the rejection to claim 12 pertaining to the first and second connectors are removably coupled together via a magnetic material, Rhoad, magnetic fasteners, col. 2, lines 41-50).
Regarding claim 17, Cran in view of Magidson and in further view of Rhoad discloses the invention as described above with regard to claim 12.
Cran further discloses wherein the first plug base (154, 150, 136) (annotated Cran Fig. 1D above with regard to the claim 7 rejection) comprises a base projection (130, 134, 136, 138) (Cran, annotated Fig. 1D with regard to claim 7), wherein the first ear plug and the first connector are coupled to the base projection (Cran Fig. 1C, annotated Fig. 1D; per Magidson the first connector is coupled to the ear plug [10, 28] which in Cran in the combination is connected to the base projection and thus the first ear plug and the first connector are coupled to the base projection), and wherein the base projection comprises an acoustic dampener (132) ([0027]; [0028]; sound filtering/attenuation; capable of intended use).
Regarding claim 18, Cran in an embodiment of Fig. 1 in view of Magidson and in further view of Rhoad discloses the invention as described above with regard to claim 17.
Cran in an embodiment of Fig. 1 in view of Magidson and in further view of Rhoad does not disclose wherein the acoustic dampener comprises acoustic foam.
Cran in an embodiment of Fig. 4 teaches an analogous ear plug (410) ([0035]) having an analogous base projection (438, 430, 440, 446) ([0034]-[0036]), wherein the base projection comprises an acoustic dampener (432, 432-1) ([0038]; sound attenuating capsule to reduce overall noise) and wherein the acoustic dampener comprises acoustic foam ([0038], the acoustic dampener is foam and this it is an acoustic foam in that it reduces noise).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the acoustic dampener of the wearable noise-reducing device of Cran (in a first embodiment) in view of Magidson and in further view of Rhoad comprises acoustic foam, as taught by Cran in a second embodiment, in order to provide an improved wearable noise-reducing device that facilitates reduction of overall noise level for hearing protection (Cran, [0038]).
Claim(s) 10-11 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cran (US 2020/0188176) in view of Magidson (US 5957136), and in further view of Rhoad (US 5806526), as applied to claim 1 and claim 12 above, respectively, and further in view of Leight (US 6006857).
Regarding claim 10 and 19, Cran in view of Magidson and in further view of Rhoad discloses the invention as described above with regard to claim 1 and 12, respectively.
The combination further disclose wherein the first plug base comprises a base cavity (136) (Cran, [0026], [0030]; hollow core 136; Cran, annotated Fig. 1D above with regard to claim 7; Cran, Fig. 1B), wherein the flexible coupling comprises a first end (Rhoad, annotated Fig. 2 below, teaches cord 12 has a first end coupled), and wherein the first end of the flexible coupling is coupled to the plug base (Rhoad in annotated Fig. 2 shows the cord 12 coupled to the analogous plug base and in the combination, it would be coupled to the plug base of Cran).
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Cran in view of Magidson and in further view of Rhoad does not disclose wherein the first end of the flexible coupling is coupled to the plug base within the base cavity.
Leight teaches an analogous ear plug (12) (Fig. 3; col. 2, lines 8-27) comprising an analogous first plug base (16) (col. 2, lines 56-67) comprising an analogous base cavity (90) (col. 4, lines 1-17, stem passage) and an analogous flexible coupling (80) wherein the flexible coupling comprises a first end (82) (col. 4, lines 1-17), and wherein the first end of the flexible coupling is coupled to the plug base within the base cavity (col. 4, lines 1-17; Fig. 3 shows the flexible coupling within the base cavity).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the first end of the flexible coupling that is coupled to the plug base of the wearable noise-reducing device of Cran, in view of Magidson and in further view of Rhoad, is coupled within the base cavity, as taught by Leight in order to provide an improved wearable noise-reducing device that facilitates a secure placement of the flexible coupling in the plug base (Leight, col. 4, lines 1-17).
Regarding claim 11 and 20, Cran, in view of Magidson, in view of Rhoad, and in further view of Leight discloses the invention as described above with regard to claim 10 and 19, respectively.
Leight further teaches wherein the flexible coupling (80) is coupled to a coupling retainer (84) (per 112f analysis a coupling retainer comprises a rod shape and the projection 84 as seen in Fig. 3 is a rod shape) that is positioned within the base cavity (Fig. 3, shows 86 in the cavity).
Conclusion
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/G.M./Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786