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 .
Information Disclosure Statement
The information disclosure statements filed 3/27/25, 3/27/25 and 7/13/26 have been considered.
Drawings
The drawings filed 3/27/25 are acceptable to the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 14-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 14 sets forth first and second arms that are configured to contact the first section. This claimed feature is not described in the written specification. It appears from paragraph [0049] of the specification that the first arm and the second arm contact separate sections (40 and 50). The limitations of claims 15-19 inherit those features of claim 14.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 11-13 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US 2008/0175406 A1).
Re claim 11: Smith teaches a headset (figure 1) comprising:
a first section (1);
a second section (2);
a joint coupling the first section to the second section (connection between (1 and 2);
a spring (4)having a first plurality of windings wound in a clockwise direction (paragraph [0028]), and a second plurality of windings wound in a counter-clockwise direction (note spring 4 contains two sections, one section position on each side of a center section that is tied to element (106);at this center section the spring reverses its direction of winding in a similar manner as taught in applicants figure 4), the spring configured to exert force on the first section and the second section(due to a force applied between the two sections by element (103); and
a first adjustment apparatus (112,113) coupled to the first section and configured to selectively apply pressure to the spring.
Re claim 12: as seen from figure 1 the joint between the first and section sections includes a first and second portions, one portion located on each side of the center connection with element (106)
Re claim 13: note in figure 1 spring (4) includes a first portion and a second portion location on opposite sides the center connection with element (106) with each side corresponding to a portion of the joint
Re claim 20: see center section of spring (4) that extends down from the coil sections; this downwardly extending portion provides a gap such that a wire could pass through.
Allowable Subject Matter
Claims 1-10 are allowed.
Claims 14-19 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance of claims 1-10: Smith as discussed above is considered the closest art of record but does not teach or obviously suggest a headset including in combination a headband, spring and adjustment apparatus in which the spring is in contact with the first section and the second section as set forth in claim 1. In Smith, the spring (4) only contacts one section of the headband. The limitations of claims 2-10 depend upon those features of claim 1.
The following is a statement of reasons for the indication of allowable subject matter of claims 14-19 over the art of record. The claimed headset which includes in combination those features of claim 13/12/11 wherein the first spring portion includes a first arm, and the second spring portion includes a second arm, the first and second arms being configured to contact and exert force on the first section. Smith teaches that each arm section of the spring contacts a second section (2), but this section does not have as set forth in claim 11 an adjustment apparatus that is also coupled thereto. The limitations of claims 15-19 depend upon those features of claim 14/13/12/11.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Andrikowich et al. is a patent obtained by applicant in parent application. Leske et al. (US 2009/0323979 A1), Leske et al. (US 2009/0323978 A1), Bebenroth (US 2002/0025057 A1), Teder (US Patent 3,447,160) and Tompkins et al. (US 12,066,148 B1) each teach related head mounted arrangements with adjustable couplings of a headband
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SNIEZEK whose telephone number is (571)272-7563. The examiner can normally be reached Monday-Friday 7:00 AM-3:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SNIEZEK/Primary Examiner, Art Unit 2693
/A.S./Primary Examiner, Art Unit 2693 9/9/26
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