DETAILED ACTION
In the response to this office action, the examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the examiner in prosecuting this application.
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 .
Double Patenting
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).
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9, 11, and 15-20 of U.S. Patent No. 12219316. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are broader versions of the patent’s claims or contain only obvious differences from the patent’s claims.
Claim 1 of present application
Patent 12219316
1. A headphone device comprising:
1. A headphone device comprising:
a first earpiece;
a second earpiece;
a first earpiece;
a second earpiece;
a headbow adjustably connecting the first earpiece and the second earpiece, wherein one or both of the first and second earpieces are extendable from the headbow, and wherein the headbow comprises (i) an inner cavity and (ii) a fastener disposed at a given position within the inner cavity; and
a headbow adjustably connecting the first earpiece and the second earpiece, wherein one or both of the first and second earpieces are extendable from the headbow, and wherein the headbow comprises (i) an inner cavity and (ii) a fastener positioned within the inner cavity at an approximate midpoint of the headbow; and
a cable assembly comprising a cable, wherein:
the cable assembly is at least partially positioned within the inner cavity and is fixed, at the given position within the inner cavity, via the fastener;
a cable assembly comprising a cable that is formed into a sinusoidal pattern having a series of peaks and valleys when the cable assembly is in a resting position, wherein:
the cable assembly is at least partially positioned within the inner cavity of the headbow and is fixed, at the approximate midpoint of the headbow, via the fastener of the headbow;
a first portion of the cable assembly extends between (i) the first earpiece and (ii) the given position within the inner cavity such that the first portion of the cable assembly is extendable, along the extent of the first portion of the cable assembly within the inner cavity, from a resting position when the first earpiece is extended from the headbow; and
a first portion of the cable assembly extends between (i) the first earpiece and (ii) the approximate midpoint of the headbow such that the first portion of the cable assembly is extendable, along the extent of the first portion of the cable assembly within the inner cavity of the headbow, from the resting position when the first earpiece is extended from the headbow; and
a second portion of the cable assembly extends between (i) the second earpiece and (ii) the given position within the inner cavity such that the second portion of the cable assembly is extendable, along the extent of the second portion of the cable assembly within the inner cavity, from the resting position when the second earpiece is extended from the headbow.
a second portion of the cable assembly extends between (i) the second earpiece and (ii) the approximate midpoint of the headbow such that the second portion of the cable assembly is extendable, along the extent of the second portion of the cable assembly within the inner cavity of the headbow, from the resting position when the second earpiece is extended from the headbow.
Regarding claim 1, the limitations of claim 1 are found in claim 1 of patent 12219316 as above.
Independent claim 15 is rejected in an analogous manner as found in method claim 15 of patent 12219316.
The limitations of claim 2-4 are found in claim 1 of patent 12219316.
The limitations of claim 5 are found in claim 2 of patent 12219316.
The limitations of claims 6-10 are found in claims 3-7 of patent 12219316 respectively.
The limitations of claim 11 are found in claim 11 of patent 12219316.
The limitations of claim 12 are found in claim 1 of patent 12219316.
The limitations of claims 13 and 14 are found in claims 8 and 9 of patent 12219316 respectively.
The limitations of claims 16 and 17 are found in claims 16 and 17 of patent 12219316 respectively.
The limitations of claim 18 are found in claims 18 and 19 of patent 12219316.
The limitations of claims 19 and 20 are found in claim 15 of patent 12219316.
Claims 1-4, 12, 13, 15, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, 14, and 20 of U.S. Patent No. 11812212. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are broader versions of the patent’s claims or contain only obvious differences from the patent’s claims.
Claim 1 of present application
Patent 11812212
1. A headphone device comprising:
1. A headphone device comprising:
a first earpiece;
a second earpiece;
a first earpiece including an antenna at least partially disposed within the first earpiece;
a second earpiece;
a headbow adjustably connecting the first earpiece and the second earpiece, wherein one or both of the first and second earpieces are extendable from the headbow, and wherein the headbow comprises (i) an inner cavity and (ii) a fastener disposed at a given position within the inner cavity; and
a headbow adjustably connecting the first earpiece and the second earpiece, wherein one or both of the first and second earpieces are extendable from the headbow, and wherein the headbow comprises (i) an inner cavity and (ii) a plurality of guide protrusions extending into the inner cavity; and
a cable assembly comprising a cable, wherein:
the cable assembly is at least partially positioned within the inner cavity and is fixed, at the given position within the inner cavity, via the fastener;
a cable assembly comprising a cable that is formed into a sinusoidal pattern having a series of peaks and valleys when the cable assembly is in a resting position,
a first portion of the cable assembly extends between (i) the first earpiece and (ii) the given position within the inner cavity such that the first portion of the cable assembly is extendable, along the extent of the first portion of the cable assembly within the inner cavity, from a resting position when the first earpiece is extended from the headbow; and
a second portion of the cable assembly extends between (i) the second earpiece and (ii) the given position within the inner cavity such that the second portion of the cable assembly is extendable, along the extent of the second portion of the cable assembly within the inner cavity, from the resting position when the second earpiece is extended from the headbow.
wherein each guide protrusion of the plurality of guide protrusions is aligned with a respective peak or a respective valley of the series of peaks and valleys, the cable at least partially formed from an elastomeric material, the cable assembly extending between the first earpiece and the second earpiece and positioned within the inner cavity of the headbow in the resting position such that the cable assembly is extendable within the inner cavity of the headbow from the resting position when one or both of the first and second earpieces are extended from the headbow.
11. The headphone device of claim 1, wherein the headbow comprises a center rib positioned within the inner cavity, wherein the center rib fixes an approximate midpoint of the cable assembly at a midpoint of the headbow.
Regarding claim 1, the limitations of claim 1 are found in claims 1 and 11 of patent 11812212 as above.
Independent claim 15 is rejected in an analogous manner as found in method claims 14 and 20 of patent 11812212.
The limitations of claim 2-4 are found in claim 1 of patent 11812212.
The limitations of claim 12 are found in claim 11 of patent 11812212.
The limitations of claim 13 are found in claim 1 of patent 11812212.
The limitations of claim 19 are found in claim 20 of patent 11812212.
The limitations of claim 20 are found in claim 14 of patent 11812212.
Claims 1-5, 12, 13, 15, 16, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 11, and 16 of U.S. Patent No. 11523207. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are broader versions of the patent’s claims or contain only obvious differences from the patent’s claims.
Claim 1 of present application
Patent 11523207
1. A headphone device comprising:
1. A headphone device comprising:
a first earpiece;
a second earpiece;
a first earpiece including a first antenna at least partially disposed within the first earpiece;
a second earpiece including a second antenna at least partially disposed within the second earpiece;
a headbow adjustably connecting the first earpiece and the second earpiece, wherein one or both of the first and second earpieces are extendable from the headbow, and wherein the headbow comprises (i) an inner cavity and (ii) a fastener disposed at a given position within the inner cavity; and
a headbow adjustably connecting the first earpiece and the second earpiece, wherein the first earpiece and second earpiece are each extendable from the headbow, and wherein the headbow comprises an inner cavity; and
a cable assembly comprising a cable, wherein:
the cable assembly is at least partially positioned within the inner cavity and is fixed, at the given position within the inner cavity, via the fastener;
a cable assembly comprising a cable that is thermoformed into a sinusoidal pattern having a series of peaks and valleys when the cable assembly is in a resting position, the cable comprising a cable jacket that is at least partially formed from an elastomeric material,
a first portion of the cable assembly extends between (i) the first earpiece and (ii) the given position within the inner cavity such that the first portion of the cable assembly is extendable, along the extent of the first portion of the cable assembly within the inner cavity, from a resting position when the first earpiece is extended from the headbow; and
a second portion of the cable assembly extends between (i) the second earpiece and (ii) the given position within the inner cavity such that the second portion of the cable assembly is extendable, along the extent of the second portion of the cable assembly within the inner cavity, from the resting position when the second earpiece is extended from the headbow.
the cable assembly extending between the first earpiece and the second earpiece and positioned within the inner cavity of the headbow in the resting position such that the cable assembly is extendable within the inner cavity of the headbow from the resting position when one or both of the first and second earpieces are extended from the headbow.
8. The headphone device of claim 1, wherein the headbow comprises a center rib positioned within the inner cavity, wherein the center rib that fixes an approximate midpoint of the cable assembly at a midpoint of the headbow.
Regarding claim 1, the limitations of claim 1 are found in claims 1 and 8 of patent 11523207 as above.
Independent claim 15 is rejected in an analogous manner as found in method claims 11 and 16 of patent 11523207.
The limitations of claim 2-5 are found in claim 1 of patent 11523207.
The limitations of claim 12 are found in claim 8 of patent 11523207.
The limitations of claim 13 are found in claim 1 of patent 11523207.
The limitations of claim 16 are found in claim 11 of patent 11523207.
The limitations of claim 19 are found in claim 16 of patent 11523207.
The limitations of claim 20 are found in claim 11 of patent 11523207.
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, 11-15, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Broadley et al. (US 20160302029 A1) in view of Ishida et al. (US 20090103762 A1).
Regarding claim 1, Broadley discloses a headphone device (see figures 1, 2, and 6) comprising:
a first earpiece (figures 1, 2, and 6, item 170);
a second earpiece (figures 1, 2, and 6, item 160);
a headbow (112, 114, 116, and 118) adjustably connecting the first earpiece and the second earpiece (paragraph [0028]), wherein one or both of the first and second earpieces are extendable from the headbow (at least extendable from the opposite end of headbow via adjuster headband adjuster 116), and wherein the headbow comprises a fastener (304 of figure 5) disposed at a given position within the inner cavity (paragraphs [0031] and [0035]); and
a cable assembly (190) comprising a cable (190), wherein:
the cable assembly is extending between the first earpiece and the second earpiece (see at least figures 1 and 5) and is fixed, at the given position within the inner cavity, via the fastener (see at least figures 1 and 5, and paragraph [0035]).
Broadley does not expressly disclose wherein the headbow comprises an inner cavity, the claimed cable assembly, or wherein the fastener is within an inner cavity.
Ishida discloses a headbow (generically headband 2 of figures 1, 2, 6, and 7) adjustably connecting a first (figure 1, left 6) earpiece and the second (figure 1, right 6) earpiece (paragraphs [0062]-[0066]), wherein the first earpiece and second earpiece are each extendable from the headbow (see at least figures 6 and 7 and paragraphs [0062]-[0066]), and wherein the headbow comprises an (i) inner cavity (inner cavity made up of 310 and 320, see figures 3, 6, and 7, also through main portion of 2 see figures 1, 2, 6, and 7) and (ii) a fastener disposed at a given position within the inner cavity (at least 313 and 314 of both sides, the fastener including main tube of 2, paragraph [0064]); and
a cable assembly (330, paragraph [0057]) comprising a cable, wherein:
the cable assembly is at least partially positioned within the inner cavity (see figures 6 and 7) and is fixed, at the given position within the inner cavity, via the fastener (from the 313/314 of one side to the other, paragraph [0064]);
a first portion of the cable assembly extends between (i) the first earpiece (figure 1, left 6) and (ii) the given position within the inner cavity such that the first portion of the cable assembly is extendable, along the extent of the first portion of the cable assembly within the inner cavity, from a resting position when the first earpiece is extended from the headbow (see figures 6 and 7); and
a second portion of the cable assembly extends between (i) the second earpiece (figure 1, right 6) and (ii) the given position within the inner cavity such that the second portion of the cable assembly is extendable, along the extent of the second portion of the cable assembly within the inner cavity, from the resting position when the second earpiece is extended from the headbow (see figures 6 and 7).
At the time of filing, it would have been obvious to a person of ordinary skill in the art to provide the inner cavity of the headbow and cable assembly of Ishida in the system of Broadley for the benefit of allowing the earpieces to extend from the headbow while protecting and hiding the cable assembly from view. Therefore, it would have been obvious to combine Ishida with Broadley to obtain the invention as specified in claim 1.
Regarding claim 11, Broadley does not disclose an inner cavity or the claimed fastening.
Ishida discloses wherein a fastener comprises a rib (at least leftmost portions of 313/314 o figures 6 and 7) positioned within the inner cavity, wherein the rib fixes the cable assembly at the given position within the inner cavity via an interference fit with a wall of the inner cavity (see figure 3 along with figures 6 and 7, walls of the cavity comprise leftmost portions of 313/314).
It would have been obvious to a person of ordinary skill in the art to use the cavity and fastening method of Ishida in the system of Broadley for the benefit of securely fastening the cable in a secluded manner, thereby enhancing esthetics. Therefore, it would have been obvious to combine Ishida with Broadley, for the benefits above, to obtain the invention as specified in claim 11.
Regarding claim 12, Broadley discloses wherein the given position is a midpoint along a length of the headbow (see figure 5).
Regarding claim 13, Broadley discloses wherein the first earpiece comprises an antenna (612) at least partially disposed within the first earpiece (paragraph [0038]).
Regarding claim 14, Broadley discloses wherein the antenna is a first antenna (612), wherein the first earpiece further comprises a wireless receiver (616) disposed within the first earpiece, and wherein the second earpiece comprises a second antenna (608) that is at least partially disposed within the second earpiece (paragraph [0038]) and is communicatively coupled to the wireless receiver via the cable assembly (190, see figure 6, paragraph [0038]).
Claim 15 rejected in an analogous manner to claim 1.
Claims 18 and 19 are rejected in an analogous manner to claims 14 and 12 respectively.
Claim(s) 2-10, 16, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Broadley et al. (US 20160302029 A1) in view of Ishida et al. (US 20090103762 A1) and Schermerhorn (US 20150289048 A1).
Regarding claim 2, Broadley does not expressly disclose an S-shape pattern.
Schermerhorn discloses a headband with extendable cable assembly (figure 6.2, at least 120, 190, 192, and 194, see figures 6.2 and 8, paragraphs [0075] to [0077], “herein that strip 190 may be formed in any configuration capable of integration with to any swim cap or head band”), wherein the cable is formed into an S-shape pattern when the cable assembly is in the resting position (see figure 6.2, also see figures 1, 2, 5, 6.1 and 8, paragraph [0077], “wires 120 are in a serpentine disposition”).
At the time of filing, it would have been obvious to a person of ordinary skill in the art to use the S-shape pattern of Schermerhorn in the system of cable assembly of Ishida for the benefit of providing an extendable cable assembly with shorter cable length and a more reliable structure. Therefore, it would have been obvious to combine Schermerhorn with Broadley and Ishida and to obtain the invention as specified in claim 2.
Regarding claim 3, Broadley does not expressly disclose a series of peaks and valleys.
Schermerhorn discloses a headband with extendable cable assembly (figure 6.2, at least 120, 190, 192, and 194, see figures 6.2 and 8, paragraphs [0075] to [0077], “herein that strip 190 may be formed in any configuration capable of integration with to any swim cap or head band”),
wherein the cable that is formed into a pattern having a series of peaks and valleys when the cable assembly is in the resting position (see figure 6.2, also see figures 1, 2, 5, 6.1 and 8, paragraph [0077], “wires 120 are in a serpentine disposition”).
At the time of filing, it would have been obvious to a person of ordinary skill in the art to use the peak and valley pattern of Schermerhorn in the system of cable assembly of Ishida for the benefit of providing an extendable cable assembly with shorter cable length and a more reliable structure. Therefore, it would have been obvious to combine Schermerhorn with Broadley and Ishida and to obtain the invention as specified in claim 3.
Regarding claim 4, Schermerhorn discloses wherein the pattern is a sinusoidal pattern (see figure 6.2, also see figures 1, 2, 5, 6.1 and 8, paragraph [0077], “wires 120 are in a serpentine disposition”).
Regarding claim 5, Schermerhorn discloses wherein the cable comprises a cable jacket (outer non-conductive sheath of 120, not shown in great detail but necessary to function properly).
Although Schermerhorn is silent to the material used for the cable jacket, it would have been obvious to the designer that it may be of any material as long as it was non-conductive, flexible, and strong enough to protect the wires within. At the time of filing, it would have been obvious to one of ordinary skill in the art to further comprise wherein the cable comprises a cable jacket that is at least partially formed from the elastomeric material (at least an outer layer) in the cable assembly of Schermerhorn for the benefit of added adhesion between the layer of material and ease of manufacturing (could be formed at same time out of same material).
Regarding claim 6, Schermerhorn discloses wherein the cable assembly comprises an elastomeric band (190) coupled to the cable jacket at a plurality of connection points between the series of peaks and valleys (paragraph [0077], since it may be embedded in, connection points all along wire).
Regarding claim 7, although Schermerhorn does not expressly disclose the claimed holes, the examiner takes official notice that placing a cable through holes to in a material to affix it to such was well known in the art. At the time of filing, it would have been obvious to one of ordinary skill in the art to use the claimed holes in the cable assembly of Schermerhorn for the benefit of affixing the cable to the band.
Regarding claim 8, although Schermerhorn does not expressly disclose the claimed integrated structure, the examiner takes official notice that integrally forming a cable while forming another material (such as the claimed band) to affix it to such was well known in the art. At the time of filing, it would have been obvious to one of ordinary skill in the art to use the claimed integral forming in the cable assembly of Schermerhorn for the benefit of affixing the cable to the band.
Regarding claim 9, Schermerhorn discloses wherein the cable assembly comprises a first elastomeric band (192) coupled to the cable jacket at a plurality of peaks in the series of peaks and valleys, and a second elastomeric band (194) coupled to the cable jacket at a plurality of valleys in the series of peaks and valleys (paragraph [0077], since it may be embedded in, connection points all along wire).
Regarding claim 10, Schermerhorn discloses wherein the cable assembly comprises an elastomeric strip (190) having a width (figure 6.2, dimension perpendicular to 120) that encompasses the series of peaks and valleys (see figure 6.2), and wherein the elastomeric strip is coupled to the cable jacket at a plurality of points along the pattern of the cable (paragraph [0077], since it may be embedded in, connection points all along wire).
Claim 16 is rejected in an analogous manner to claim 5.
Claim 17 is rejected in an analogous manner to claims 6 and 7.
Claim 20 is rejected in an analogous manner to claims 2 and/or 4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JOHN SUTHERS whose telephone number is (571)272-0563. The examiner can normally be reached M-F, 8 am -5 pm.
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/DOUGLAS J SUTHERS/ Examiner, Art Unit 2695
/VIVIAN C CHIN/ Supervisory Patent Examiner, Art Unit 2695
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