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 .
There is no power of attorney of record for this application.
Pre-amendments were received on 6/23/25 and 8/25/25. Note that the pre-amendment of 8/25/25 includes incorrected status identifiers as claim 10 uses “(Currently Amended)” but should have used “(Previously Presented)” and claim 11 uses “(Previously Presented”) but should have used “(Currently Amended)”.
Claim Objections
Claims 1, 3, 5, nd 12 are objected to because of the following informalities:
Claim 1- line 15: delete “with an external mounting formation on the shell” and replace with “said external mounting formation on the shell”, and line 16: delete “an earmuff” and replace with “said earmuff”,
Claim 3- delete “that limit” and replace with “that are configured to limit..”
Claim 5-delete “the end” and replace with “an end”.
Claim 12- delete “the periphery” and replace with “a periphery”.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the inter-engaging formations comprising a peg in the arm which engages in a ridged slot in the extension, or vice-versa (claim 4) must be shown or the feature(s) canceled from the claim(s). Also, Figure 3 includes reference number 56; however, there is no associated lead line such that it’s not clear what structural element 56 is intended to reference. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim 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.
Claims 2, 11, and 12 are rejected under 35 U.S.C. 112(b) 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.
For claim 2, the recitation of the mounting formations on opposite sides of the shell rotatable with respect to the mounting formations on the extensions is unclear as the shell of the earmuff/earmuff is not set forth as part of the device in claim 1. The shell is recited functionally and therefore the scope of the claim is unclear.
For claim 11, “comprising a device as claimed in claim 1” should be revised to recite “comprising said device as claimed in claim 1” and “an earmuff comprising a shell” should be revised to recite “said earmuff comprising the shell” and “on respective extensions” should be revised to recite “on said respective extensions” and “with external mounting formations on opposite sides of the shell” should be revised to recite “with said external mounting formations on opposite sides of the shell” as these elements were recited functionally in claim 1 and already have antecedent basis. Claim 11 as currently written is unclear as it appears that these elements are recited for the first time.
For claim 12, the claim recites the earmuff assembly of claim 11 connected to the article of headwear at a location on the periphery of the head cover portion that, in use, is positioned above a wearer’s ear. The location at which the earmuff assembly is connected to the head cover portion is unclear as the claim defines the location based on the intended use of the head cover portion. Please revise to positively recite the location,
Allowable Subject Matter
Claims 1 and 3-10 are allowable because the prior art doesn’t teach or render obvious a mounting device for mounting an earmuff on an article of headwear, the mounting device is an adapter with a housing rotatably mounted on the adapter, a socket having an inner end mounting in the housing and an open outer end projecting from the housing, the socket is pivotable about an axis in the plane of rotation of the housing and is biased into either a first position in which the socket extends in a direction perpendicular to the axis of rotation of the housing or a second position in which the socket extends at an angle between the axis of rotation of the housing and the direction perpendicular to the axis of rotation, and a mounting frame with a shaft for engagement in the socket’s open end and a pair of elongate arms extending from the shaft, each arm having an extension with a mounting formation engageable with an external mounting formation on the shell and each extension is axially adjustable on its respective arm.
Claims 2, 11, and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications should be directed to Primary Examiner Katherine Moran at (571) 272-4990 (phone). Please note that any internet communication directed to katherine.moran@uspto.gov requires prior submission of an Authorization for Internet Communications form (PTO/SB/439). The examiner can be reached on Monday-Thursday from 9:00 am to 6:00 pm, and alternating Fridays.If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Khoa Huynh, may be reached at (571) 272-4888. The official and after final fax number for the organization where this application is assigned is (571) 273-8300. General information regarding this application and
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/KATHERINE M MORAN/ Primary Examiner, Art Unit 3732