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 .
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.
Election/Restriction
1. Applicant’s election of claim 1-16 in the reply filed on March 03, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Unelected claims 17-20 will be withdrawn from further consideration on the merits.
Drawings
2. The drawings are objected to because of the following informalities:
Referring to Figure 6, a lower reference numeral “430” should be - - 450 - -.
3. Figure 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated (see Specification page 4, par [0020]). See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 Rejections - 35 USC § 112
4. 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.
5. Claims 5-7 are 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 5 recites the limitation “the tactile portion” in line 1. There is insufficient antecedent basis for this limitation in the claim because term “tactile portion” was not introduced earlier in the claim and thus it is unclear what earlier term is referencing which causes the scope of the claim indefinite. As the first time this term is introduced, "the tactile portion” can be replaced by "a tactile portion” to overcome the indefiniteness problem.
Claims 6-7 depend from claim 5, and are also rejected for the same reasons.
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
9. Claims 1, 4-5, 9, and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen U.S. Patent Application Publication 20200368070 in view of Falco U.S. Patent Application Publication 20020066455.
Regarding claim 1, Hansen teaches a system (FIG. 5 is a diagram showing the earplug 150 of FIG. 3 in place in the ear canal 110 of the dog ear 100 of FIG. 1, according to an embodiment (Fig. 5, par [0043]); FIG. 7 is a diagrammatic side elevation view of an earplug 190, according to another embodiment. The earplug 190 includes a body 192 and a cap 194 (Fig. 7, par [0047], see Hansen)) comprising
a rigid housing (including audio transmission tube 196, Fig. 7; the body 192 includes an audio transmission tube 196 extending the length of the body; the audio transmission tube 196 is configured to be sufficiently flexible as to bend with the body 192 in the elbow region 120 (see Fig. 5) of the ear canal 110, but also sufficiently rigid as to resist collapsing as it bends (see Figs. 5, 7, par [0047], see Hansen));
a sleeve (body 192, Fig. 7) surrounding the rigid housing (audio transmission tube 196, Fig. 7; The body 192 includes an audio transmission tube 196 extending the length of the body (Fig. 7, par [0047], see Hansen));
an ear canal of a canine (dog ear 100 Fig. 1; FIG. 5 is a diagram showing the earplug 150 of FIG. 3 in place in the ear canal 110 of the dog ear 100 of FIG. 1, according to an embodiment, par [0043], see Hansen);
wherein the rigid housing is structurally configured to continuously extend beyond a Noxon's ridge (elbow region 120, see Fig, 5; see Hansen) of the canine including audio transmission tube 196, The body 192 includes an audio transmission tube 196 extending the length of the body; the audio transmission tube 196 is configured to be sufficiently flexible as to bend with the body 192 in the elbow region 120 of the ear canal 110, but also sufficiently rigid as to resist collapsing as it bends (Fig. 7, par [0047], see Hansen));
wherein the sleeve (body 192, Fig. 7; body 152, Fig. 5; FIG. 5 is a diagram showing the earplug 150 of FIG. 3 in place in the ear canal 110 of the dog ear 100 of FIG. 1, according to an embodiment. The body 152 extends substantially the length of the vertical canal 118, with the second portion 138 extending past the elbow region 120 and into the horizontal canal 116, with the spring element 160 positioned near the elbow region 120 in the vertical canal 118, par [0043], see Hansen) has a tip portion (second portion 138, Fig. 5, 7) and a top portion (first portion 136, Fig. 5; see top portion of Fig. 7 which including cap 194, connector 198, output tube 202; FIG. 7 is a diagrammatic side elevation view of an earplug 190, according to another embodiment. The earplug 190 includes a body 192 and a cap 194. The body 192 includes an audio transmission tube 196 extending the length of the body. A connector 198 is provided at the top of the tube 196 (as viewed in the drawings), and is made of an elastomeric plastic material. The cap 194 includes an electronic package 200 and an audio output tube 202. The audio transmission tube 196 is configured to be sufficiently flexible as to bend with the body 192 in the elbow region 120 of the ear canal 110, but also sufficiently rigid as to resist collapsing as it bends. The audio output tube 202 is a rigid plastic or metal, and is sized to fit within the connector 202 with a tight interference fit. The cap 194 is configured to be attached to the body 192 by the connection of the audio output tube 202 of the cap and the connector 198 of the body, par [0047], see Hansen).
However, Hansen does not explicitly disclose wherein the tip portion comprises a flange that continuously extends around a circumference of the sleeve.
Falco teaches flanged earplug (see Title) in which in one exemplary embodiment, as shown in FIG. 4, the first flange 12 has a generally hemispherical shape (corresponds to extends around a circumference). In another exemplary embodiment, the first flange extends rearwardly from its point of attachment to the stem 14 in a convexly arcuate manner, with respect to the tip 13 of the first end portion 15 of the stem 14, and in a generally hemispherical conformation. Thus, the first flange 12 extends outwardly and rearwardly from a first end portion 15 of the stem 14, thereby to define an approximately uniform skirt on at least a substantial portion of the rearward region of the first flange 12 (see Fig. 4, par [0016], see Falco).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the flanged earplug taught by Falco with the system of Hansen such that to obtain wherein the tip portion comprises a flange that continuously extends around a circumference of the sleeve for purpose of improvement exists in the art, specifically with regard to fit, comfort and efficiency of hearing protection, as suggested by Falco in paragraph [0003].
Regarding claim 4, Hansen in view of Falco teaches the system of claim 1. Hansen in view of Falco, as modified, teaches wherein the rigid housing comprises a tactile portion (sense of touch via: tab 134, a tab 134 configured to facilitate removal of the earplug from an animal's ear, Fig. 2A-2C, par [0029]; see also tab 134, Fig. 5; cap 194, Fig. 7, par [0047], see Hansen) extending from the rigid housing with an off-center position relative to the sleeve (see cap 194 in Fig. 7, par [0047] coupled to tube 196; and tab 134 in Fig. 5 is off center second portion 138 of body 152, see par [0043], see Hansen).
Regarding claim 5, Hansen in view of Falco teaches the system of claim 1. Hansen in view of Falco, as modified, teaches wherein the tactile portion houses circuitry (electronic package 200, Fig. 7; The cap 194 includes an electronic package 200 and an audio output tube 202, par [0047] see Hansen).
Regarding claim 9, Hansen in view of Falco teaches the system of claim 1. Hansen in view of Falco, as modified, teaches wherein the housing and sleeve are collectively configured to provide passive sound attenuation to the canine (The formulation of the resilient elastomer, the length of the body 132, and the particular shapes of the profiles of the first and second portions 136, 138 are selected to enable the earplug 130 to be compressed so as to be insertable into the ear canal 110 of a dog, with the tab 134 extending into the pinna 112 and at least part of the second portion 138 extending past the elbow region 120 and into the horizontal canal 116, and to expand so as to substantially conform to the shape of the ear canal 110 along the length of the body 132. The body 132 can be any suitable elastomeric material capable of being compressed to a sufficiently small diameter as to be insertable into the ear canal 110 of a dog, and to expand to conform to the shape of the ear canal, Fig. 5, par [0033], see Hansen).
Regarding claim 10, Hansen in view of Falco teaches the system of claim 1. Hansen in view of Falco, as modified, teaches wherein the rigid housing (including audio transmission tube 196, Fig. 7) comprises a curved portion positioned proximal the tip portion and the Noxon's ridge (elbow region 120 (see Fig. 5), see Hansen) (the body 192 includes an audio transmission tube 196 extending the length of the body; the audio transmission tube 196 is configured to be sufficiently flexible as to bend with the body 192 in the elbow region 120 (see Fig. 5) of the ear canal 110, but also sufficiently rigid as to resist collapsing as it bends (see Figs. 5, 7, par [0047], see Hansen)).
Regarding claim 11, Hansen teaches a hearing protection system (FIG. 5 is a diagram showing the earplug 150 of FIG. 3 in place in the ear canal 110 of the dog ear 100 of FIG. 1, according to an embodiment (Fig. 5, par [0043]); FIG. 7 is a diagrammatic side elevation view of an earplug 190, according to another embodiment. The earplug 190 includes a body 192 and a cap 194 (Fig. 7, par [0047], see Hansen)) comprising
a rigid housing (including audio transmission tube 196, Fig. 7; the body 192 includes an audio transmission tube 196 extending the length of the body; the audio transmission tube 196 is configured to be sufficiently flexible as to bend with the body 192 in the elbow region 120 (see Fig. 5) of the ear canal 110, but also sufficiently rigid as to resist collapsing as it bends (see Figs. 5, 7, par [0047], see Hansen));
a sleeve (body 192, Fig. 7) surrounding the rigid housing (audio transmission tube 196, Fig. 7; The body 192 includes an audio transmission tube 196 extending the length of the body (Fig. 7, par [0047], see Hansen));
an ear canal of a canine (dog ear 100 Fig. 1; FIG. 5 is a diagram showing the earplug 150 of FIG. 3 in place in the ear canal 110 of the dog ear 100 of FIG. 1, according to an embodiment, par [0043], see Hansen);
wherein the rigid housing is structurally configured to continuously extend beyond a Noxon's ridge (elbow region 120, see Fig, 5; see Hansen) of the canine including audio transmission tube 196, The body 192 includes an audio transmission tube 196 extending the length of the body; the audio transmission tube 196 is configured to be sufficiently flexible as to bend with the body 192 in the elbow region 120 of the ear canal 110, but also sufficiently rigid as to resist collapsing as it bends (Fig. 7, par [0047], see Hansen));
wherein the sleeve (body 192, Fig. 7; body 152, Fig. 5; FIG. 5 is a diagram showing the earplug 150 of FIG. 3 in place in the ear canal 110 of the dog ear 100 of FIG. 1, according to an embodiment. The body 152 extends substantially the length of the vertical canal 118, with the second portion 138 extending past the elbow region 120 and into the horizontal canal 116, with the spring element 160 positioned near the elbow region 120 in the vertical canal 118, par [0043], see Hansen) has a tip portion (second portion 138, Fig. 5, 7) and a top portion (first portion 136, Fig. 5; see top portion of Fig. 7 which including cap 194, connector 198, output tube 202; FIG. 7 is a diagrammatic side elevation view of an earplug 190, according to another embodiment. The earplug 190 includes a body 192 and a cap 194. The body 192 includes an audio transmission tube 196 extending the length of the body. A connector 198 is provided at the top of the tube 196 (as viewed in the drawings), and is made of an elastomeric plastic material. The cap 194 includes an electronic package 200 and an audio output tube 202. The audio transmission tube 196 is configured to be sufficiently flexible as to bend with the body 192 in the elbow region 120 of the ear canal 110, but also sufficiently rigid as to resist collapsing as it bends. The audio output tube 202 is a rigid plastic or metal, and is sized to fit within the connector 202 with a tight interference fit. The cap 194 is configured to be attached to the body 192 by the connection of the audio output tube 202 of the cap and the connector 198 of the body, par [0047], see Hansen).
However, Hansen does not explicitly disclose wherein the sleeve comprises one or more retention portions.
Falco teaches flanged earplug (see Title) in which in one exemplary embodiment, as shown in FIG. 4, the first flange 12 has a generally hemispherical shape (corresponds to extends around a circumference). In another exemplary embodiment, the first flange extends rearwardly from its point of attachment to the stem 14 in a convexly arcuate manner, with respect to the tip 13 of the first end portion 15 of the stem 14, and in a generally hemispherical conformation. Thus, the first flange 12 (flange corresponds to retention portion) extends outwardly and rearwardly from a first end portion 15 of the stem 14, thereby to define an approximately uniform skirt on at least a substantial portion of the rearward region of the first flange 12 (see Fig. 4, par [0016], see Falco). As best seen in FIG. 4, the second and third flanges extend radially outwardly from the stem 14 to rounded edges 22 and 24, respectively. In one embodiment the first flange 12 is generally hemispherical in shape while the second and third flanges 18, 20, which are between a first end portion 15 of the stem 14 and the opposing end portion 16 of the stem 14, have curvatures that are generally opposite in direction with respect to the curvature of the first flange 12 and that are generally concave with respect to the tip 13 of the first end portion 15 of the stem 14 (see Fig. 4, par [0018], see Falco).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the flanged earplug taught by Falco with the system of Hansen such that to obtain wherein the sleeve comprises one or more retention portions for purpose of improvement exists in the art, specifically with regard to fit, comfort and efficiency of hearing protection, as suggested by Falco in paragraph [0003].
Regarding claim 12, Hansen in view of Falco teaches the hearing protection system of claim 11, Hansen in view of Falco, as modified, teaches wherein the sleeve comprises a plurality of retention portions (In one embodiment the first flange 12 is generally hemispherical in shape while the second and third flanges 18, 20, which are between a first end portion 15 of the stem 14 and the opposing end portion 16 of the stem 14, have curvatures that are generally opposite in direction with respect to the curvature of the first flange 12 and that are generally concave with respect to the tip 13 of the first end portion 15 of the stem 14 (see Fig. 4, par [0018], see Falco)).
Regarding claim 13, Hansen in view of Falco teaches the hearing protection system of claim 12, Hansen in view of Falco, as modified, teaches wherein each retention portion of the plurality of retention portions has a matching physical configuration (It will be apparent to those of skill in the art that many of the functional benefits of the present invention arise, at least in part, because the flanges 12, 18 and 20 of the construction are embued with the ability to resiliently deform, in use, to the extent necessary under relatively small and essentially linear forces exerted by or reflected into the walls of the ear canal upon insertion of the earplug thereinto. Thus, there exists a complex interplay between the specific geometries and sizing of the elements of the earplug construction taken in combination with the hardness(es) of the resilient polymeric material(s) of construction employed therefor, see Fig. 4, par [0032], see Hansen).
Regarding claim 14, Hansen in view of Falco teaches the hearing protection system of claim 12, Hansen in view of Falco, as modified, teaches wherein the retention portions of the plurality of retention portions are physically separated on the sleeve (see flanges 12, 18 and 20 are separated from each other; the stem 14 can comprise a resilient material of the same type employed for the flange 12, 18 and 20 or, if desired, can comprise a resilient material having a somewhat higher Shore A Durometer hardness value of, for example, 100, see Fig. 4, par [0029], see Hansen).
Regarding claim 15, Hansen in view of Falco teaches the hearing protection system of claim 11, Hansen in view of Falco, as modified, teaches wherein a first retention portion of the one or more retention portions has a different physical configuration than a second retention portion of the one or more retention portions (the present improved multi-flanged earplug, comprising a stem, a rounded flange positioned at a first end of the stem, and at least a second flange positioned between the first end portion of the stem and an opposing second end portion of the stem. In one embodiment, the first flange is generally hemispherical in shape and has a curvature that is generally is generally convex with respect to the tip of the first end portion of the stem, while the second flange has a shape that is generally concave with respect to the tip of the first end portion of the stem. In another embodiment, an outer circumference portion of the second flange has an increased thickness relative to an inner, annular portion of the second flange. In another embodiment, an outer circumference portion of the second flange is provided with a protruding ridge, see par [0004], see also shape of flange 12 differs from shapes of flanges 18, 20 in Fig. 4, see par [0019], see Hansen).
Regarding claim 16, Hansen in view of Falco teaches the hearing protection system of claim 11, Hansen in view of Falco, as modified, teaches wherein a retention portion of the one or more retention portions tapers towards the tip portion (In the illustrated exemplary embodiment, the flanges 12, 18 and 20 are spaced along the length of stem 14 such that, in the finished earplug 10, a single straight line of construction, L, can be drawn so as to be in at least point contact with an edge of all flanges 12, 18 and 20 of the array. In one embodiment, the diameters and spacings of the flanges 12, 18 and 20 are selected such that the half-angle .theta. defined between said line of construction L and a forwardly extended centerline C.sub.L, or longitudinal axis, of the stem 14 will reside within the range of between 10 degrees and 16 degrees, see Fig. 4, par [0020], see Hansen).
10. Claims 2-3, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen U.S. Patent Application Publication 20200368070 in view of Falco U.S. Patent Application Publication 20020066455, and further in view of Dietz et al. U.S. Patent Application Publication 20220226157 (hereinafter “Dietz”).
Regarding claim 2, Hansen in view of Falco teaches the system of claim 1. However, Hansen in view of Falco does not explicitly disclose wherein the rigid housing is physically connected to a pneumatic portion.
Dietz teaches inflatable earplug system (see Title) in which the core 103 is made of a silicone with intermediate durometer hardness, giving it flexibility for insertion, but enough stiffness (e.g., rigid) to resist extension under inflation and dynamic pressures and to resist collapse of the acoustic channel when the earplug is inflated (see Fig. 3B, par [0031], see Dietz); the sealed volume within the bulb 101 formed by the cap 105 and the sheath 104 is filled with unpressurized fluid 111, which may be air (i.e., pneumatic), water, oil, or other fluids. It will be understood by one skilled in the art that various other designs, materials, and constructions could achieve the same objectives consistent with the disclosure provided herein. The bulb 101 or cap 105 can include a diaphragm, one or more bellows, a valve, or a pump to facilitate fluid displacement (see Fig. 3B, par [0033], see Dietz); an acoustic channel 106 through the core 103 and the flange 110 provides a pass-through by which sounds may be introduced past the earplug seal. Various filters may be inserted in this channel to affect the frequency-dependent and level-dependent attenuation of the earplug (see Figs. 3B, 4B, par [0038], see Dietz).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the inflatable earplug system taught by Dietz with the system of Hansen in view of Falco such that to obtain wherein the rigid housing (see tube 196, Fig. 7 of Hansen; and acoustic channel 106, Figs. 3B, 4B of Dietz) is physically connected to a pneumatic portion in order to provide a simple and easy-to-use mechanism, as suggested by Dietz in paragraph [0040].
Regarding claim 3, Hansen in view of Falco in view of Dietz teaches the system of claim 2. Hansen in view of Falco in view of Dietz, as modified, teaches wherein the pneumatic portion (including bulb 101 formed by the cap 105 and the sheath 104 is filled with unpressurized fluid 111, which may be air (i.e., pneumatic) see Fig. 3B, par [0033], see Dietz) comprises a bulbous portion proximal a tip portion of the rigid housing (see inflated sheath 104 near the earplug tip or end portion 112, Figs. 4A, 4B) and a pressure portion proximal a top portion of the rigid housing (see pressurized fluid 111 squeezed from the bulb 101, Figs. 4A, 4B) (Referring to FIGS. 4A-4B, section views of the earplug 100 in an inflated state are shown. The thickness of the sheath 104 varies from thinnest at the earplug tip or end portion 112 to thickest at the flange 110. Pressurized fluid 111 squeezed from the bulb 101 will pass through channels or unsealed transmission paths between the sheath 104 and the core 103 or will otherwise separate the sheath 104 from the core 103, creating an interstitial space 113 through which the fluid 111 will flow until it reaches the tip 112, where the sheath 104 is thinnest and where it will first inflate, par [0035], see Dietz). The motivation is in order to provide a simple and easy-to-use mechanism, as suggested by Dietz in paragraph [0040].
Regarding claim 7, Hansen in view of Falco teaches the system of claim 5. However, Hansen in view of Falco does not explicitly disclose wherein the tactile portion is configured to adjust sound attenuation for the canine by altering the sleeve.
Dietz teaches inflatable earplug system (see Title) in which the core 103 is made of a silicone with intermediate durometer hardness, giving it flexibility for insertion, but enough stiffness (e.g., rigid) to resist extension under inflation and dynamic pressures and to resist collapse of the acoustic channel when the earplug is inflated (see Fig. 3B, par [0031], see Dietz). When the earplug 100 is inflated in an ear canal, radial expansion at the tip 112 is constrained by the canal walls and a seal is formed. Further inflation will then increase the seal contact area. Thus, tapering of the sheath 104 thickness ensures the earplug 100 will create an effective seal in ear canals of varying diameter (see Figs. 4A, 4B, par [0037], see Dietz). An acoustic channel 106 through the core 103 and the flange 110 provides a pass-through by which sounds may be introduced past the earplug seal. Various filters may be inserted in this channel to affect the frequency-dependent and level-dependent attenuation of the earplug (see Figs. 4A, 4B, par [0038], see Dietz). To withdraw the earplug 100, the user pulls on the release tab 114 (corresponds to tactile portion) to pop the cap 105 into its original convex or non-inverted form. This action will suck fluid 111 back into the bulb 101 and deflate the sheath 104 (i.e., adjust sound attenuation by altering the sleeve). The earplug 100 may then be pulled from the user's ear canal (see Fig. 4B, par [0039], see Dietz).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the inflatable earplug system taught by Dietz with the system of Hansen in view of Falco such that to obtain wherein the tactile portion is configured to adjust sound attenuation for the canine by altering the sleeve in order to provide a simple and easy-to-use mechanism, as suggested by Dietz in paragraph [0040].
Regarding claim 8, Hansen in view of Falco teaches the system of claim 1. However, Hansen in view of Falco does not explicitly disclose wherein the tip portion comprises a dynamic portion, the dynamic portion comprising a hydraulic fluid.
Dietz teaches inflatable earplug system (see Title) in which the core 103 is made of a silicone with intermediate durometer hardness, giving it flexibility for insertion, but enough stiffness (e.g., rigid) to resist extension under inflation and dynamic pressures (corresponds to dynamic portion) and to resist collapse of the acoustic channel when the earplug is inflated (see Fig. 3B, par [0031], see Dietz). Referring to FIGS. 4A-4B, section views of the earplug 100 in an inflated state are shown. The thickness of the sheath 104 varies from thinnest at the earplug tip or end portion 112 to thickest at the flange 110. Pressurized fluid 111 (corresponds to hydraulic fluid) squeezed from the bulb 101 will pass through channels or unsealed transmission paths between the sheath 104 and the core 103 or will otherwise separate the sheath 104 from the core 103, creating an interstitial space 113 through which the fluid 111 will flow until it reaches the tip 112, where the sheath 104 is thinnest and where it will first inflate (see Figs. 4A, 4B, par [0035], see Dietz).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the inflatable earplug system taught by Dietz with the system of Hansen in view of Falco such that to obtain wherein the tip portion comprises a dynamic portion, the dynamic portion comprising a hydraulic fluid in order to provide a simple and easy-to-use mechanism, as suggested by Dietz in paragraph [0040].
11. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hansen U.S. Patent Application Publication 20200368070 in view of Falco U.S. Patent Application Publication 20020066455, and further in view of McCreery et al. U.S. Patent Application Publication 20220039353 (hereinafter “McCreery”).
Regarding claim 6, Hansen in view of Falco teaches the system of claim 5. Hansen in view of Falco, as modified, teaches wherein the circuitry is configured to provide (FIG. 9 is a schematic diagram of an electronic package 200 for use with another embodiment, such as, e.g., one of the embodiments described with reference to FIG. 7 or 8, according to an embodiment. The signal conditioning module [[224]] 226 includes a noise cancellation circuit 230, Fig. 9, par [0049], see Hansen).
However, Hansen in view of Falco does not explicitly disclose noise cancellation being active noise cancellation.
McCreery teaches hearing protection devices and methods for animals (see Title) in which the collected information may be processed to determine at least one of the size of the device, the structure and size of the noise reduction component, and whether at least one of passive noise reduction bypass and active noise cancelling is required (par [0057], see McCreery).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the hearing protection devices and methods for animals taught by hearing protection devices and methods for animals with the system of Hansen in view of Falco such that to obtain noise cancellation being active noise cancellation in order to improve performance over only feedback mode and may require the use of a digital control system as suggested by McCreery in last-sentence of paragraph [0060].
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inventor
Publication
Number
Disclosure
Ely
US Patent Application Publication
20160302975
A tactile indication may be provided as the switch 330 is toggled to a first or second position, to provide an indication to the user that the switch is in a particular position (see Figs. 3a, 3b, paragraph [0058]).
Sjursen et al.
US Patent Application Publication
20070177749
Generally, the switch mechanism 21 includes tactile means to permit the user to easily determine the position of the raised tab 78 within slot 79, and thus the position or operating state of the electrical contacts 75 with the switch traces 71, 73 (see Figs. 1, 2, par [0058]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CON P TRAN whose telephone number is (571) 272-7532. The examiner can normally be reached M-F (08:30 AM- 05:00 PM) ET.
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/C.P.T/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
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