Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA179617
`ESTTA Tracking number:
`12/10/2007
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91179305
`Plaintiff
`Nacre AS
`Ashley Long
`Fish & Richardson P.C.
`225 Franklin Street
`Boston, MA 02110-2804
`UNITED STATES
`tmdoctc@fr.com, smolinsky@fr.com, luz@fr.com, akl@fr.com, alb@fr.com
`Other Motions/Papers
`Ashley K. Long
`akl@fr.com, alb@fr.com, tmdoctc@fr.com
`/Ashley K. Long/
`12/10/2007
`COMMUNICATION TO TTAB.pdf ( 2 pages )(55976 bytes )
`Nacre v. Silynx et al. - Civil Action Complaint.pdf ( 51 pages )(3278781 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Attorney '3 Docket No. : 0991 1-0l2PP1
`
`In the matter of Application Serial No. 78/872,017
`For the Mark QUIETOPS
`Filed April 28, 2006
`Published in the Official Gazette on July 3, 2007
`
`
`
` Silynx Communications, Inc.,
`Applicant.
`
`Opposition No. 91 179305
`
`COMMUNICATION
`
`This communication serves to notify the Board of the filing of Civil Action No. 08: 07-
`
`cv—02676-AW, regarding the QUIETOPS trademark, filed in the District Court of Maryland on
`
`October 2, 2007. For the Board’s convenience, we hereby enclose a stamped copy of the
`
`complaint.
`
`Respectfully submitted,
`
`Dat°1
`
`
`
`Ashley K. Long
`FISH & RICHARDSON P.C.
`
`225 Franklin Street
`
`Boston, MA 02110
`Telephone: (617) 542-5070
`Facsimile: (617)542-8906
`
`Attorneys for Opposer,
`NACRE AS
`
`21780060.doc
`
`

`
`Applicant
`Serial No.
`Filed:
`Mark
`Page
`
`2
`:
`:
`:
`:
`
`Silynx Communications, Inc.
`78/872,017
`April 28, 2006
`QUIETOPS
`2
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing COMMUNICATION has
`this 10th day of December, 2007, been sent by prepaid first class mail to the below-identified
`Attorney at her place of business:
`
`Armette P. Heller
`
`Heller & Associates
`
`14323 S Outer Forty Drive, Suite 512 S
`Town & Country, MO 63017-5734
`
`Ash yK.
`
`ng
`
`

`
`W844 (Raw 11/04)
`CIVIL COVER SHEET
`-
`J‘
`‘
`E
`C“
`‘
`.
`.
`The JS 44 civil coversheetandthe information contained hereinneitherr
`lacenorsugplementthe filing and service ofpleadings orotltertfiapbrs do i uiredfijy law, exceptas provided
`by local rules of court. This form, approved by the Judicial Conference o the United tates in September 1974, is required for
`use of 3
`{tlfe purpose of initiating
`the C1'\/ll docket sheet.
`(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`,' [
`r
`
`1. (a) PLAINTIFFS
`NACRE AS
`
`DEFENDANTS
`,- -|
`SILYNXD CO T I}lIS_,_I§lC.fld 7.
`GIL LIMONCHIK
`—" 3
`
`
`(1)) County ofResidence of First Listed Plaintift"
`(EXCEPT IN U.S. PLAHVTIFF CASES)
`
`Montgomery
`County of Residence of First Listed Defendant
`(IN US. PLAINTIFF CASES ONLY)’
`IN LAND CON'DE'MNATlON CASES, USE
`
`NOTE:
`
`LOCATION OF THE
`
`(c) Attorney ’s (‘Firm Name, Address, and Telephone Number)
`Fish and Richardson PC, l425 K Street, N.W., l ltl'1 F1001”, WDC 20005
`202-783-5070
`
`Attomeys (If Known)
`
`LAND INVOL;/J31).
`
`_
`
`I W V
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`U l
`
`U 2
`
`U.S. Government
`Plaintiff
`
`US. Government
`D°f“’“d““‘
`
`M 3 Federal Question
`(U.S. Gov emment Not a Party)
`
`‘
`CI 4 Diversity
`(Indicate Citizenship of Parties in Item 111)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
`and One Box for Defendant)
`PTF
`PTF
`DEF
`U l
`Cl
`Cl 4
`
`Citizen of This State
`
`DEF
`U l
`
`Incorporated or Principal Place
`of Business In This State
`
`4
`
`Citizen ofAriother State
`
`U 2
`
`D 2
`
`Citizen or Subject of a
`Forein Co
`
`3
`
`Cl
`
`3
`
`Incorporated and Principal Place
`°fB‘“i“°“ 1“ A“°”‘°’ 5””
`Foreign Nation
`
`Cl
`
`5
`
`Cl 5
`
`U 6
`
`D 6
`
`IV.
`
`
`
`Place an “X" in One Box Oril
`
`
`
`D 400 State Reapportioru-nent
`
`Cl 410 Antitrust
`Cl 430 Banks and Banking
`Cl 450 Commerce
`Cl 460 Deportation
`Cl 470 Racketeer Influenced and
`Corrupt Organizations
`Cl 480 Consumer Credit
`Cl 490 Cable/Sat TV
`U 810 Selective Service
`U 850 Securitieslcommoditiesl
`Exchange
`U 875 Customer Challenge
`12 USC 3410
`CI 890 Other Statutory Actions
`D 891 Agricultural Acts
`Cl 892 Economic Stabilimtion Act
`D 893 Environmental Matters
`Cl 894 Energy Allocation Act
`Cl 895 Freedom ofInformation
`Act
`D 90OAppeal of Fee Determination
`Under Equal Access
`to Justice
`D 950 Consfitutionalfly of
`State Statutes
`
`
`
`
`
`
`
`
`
`0 5l0 Motions to Vacate
`D 441 Voting
`Sentence
`Cl
`442 Employment
`Habeas Corpus:
`U 443 Housing/
`D 530 General
`Accommodations
`0 535 Death Penalty
`0 444 Welfare
`Cl
`445 Amer. w/Disabilities — CI 540 Mandamus BL Other
`Employment
`Cl 550 Civil Rights
`Cl
`446 Amer. w/Disabilities -
`555 Prison Condition
`Other
`
`Cl
`440 Other Civil Rights
`
`
`U 422 Appeal 28 USC 158
`D 423 Withdrawal
`28 USC l57
`
`Cl 820 Copyrights
`B 830 Patent
`Cl 840 Trademark
`
`
`
`
`
`
`
`
`
`
`
`
`
`D ll0 Insurance
`PERSONAL INJURY
`PERSONAL INJURY
`610 Agriculture
`
`
`
`Cl 620 Other Food & Drug
`Cl
`310 Airplane
`Cl
`362 Personal Injury -
`CI 120 Marine
`
`
`C] 625 Drug Related Seizure
`U 130 Miller Act
`0 315 Airplane Product
`Med. Malpractice
`
`
`D MD Negotiable Instrument
`Liability
`[3 365 Personal Injury -
`of Property 2] USC 88]
`[3 150 Recovery of Overpayment
`320 Assault, Libel &
`Product Liability
`Cl 630 Liquor Laws
`& Enforcement of Judgment
`Slander
`Cl 368 Asbestos Personal
`0 640 R.R. & Tnick
`U 15] Medicare Act
`D 330 Federal Employers‘
`Injury Product
`CI 650 Airline Regs.
`D l52 Recovery of Defaulted
`Liability
`Liability
`Cl 660 Occupational
`Student Loans
`El 340 Marine
`PERSONAL PROPERTY
`Safety/Health
`I3 345 Marine Product
`Cl 370 Other Fraud
`Cl 690 Other
`(Excl. Veterans)
`
`Liability
`Cl 371 Truth in Lending
`,
`D 153 Recovery of Overpayment
`
`
`CI 350 Motor Vehicle
`3 380 Other Personal
`U 710 Fair Labor Standards
`Cl 861 HIA (1395ff)
`of Veteran's Benefits
`D 355 Motor Vehicle
`Property Damage
`Act
`Cl 862 Black Lung (923)
`Cl 160 Stockholders’ Suits
`D l90 Other Contract
`Product Liability
`3 385 Property Damage
`U 720 Labor/Mgmt. Relations 0 863 DIWC/DIWW 0105(8))
`D 195 Contract ProductLiability
`360 Other Personal
`Product Liability
`Cl 730 Labor/Mgmt.Report.ing
`Cl 864 SSID Title XVI
`
`0 l96 Franchise
`In"
`& Disclosure Act
`0 365 RSI
`U 740 Railway Labor Act
`
`U 870 Taxes (US. Plaintiff
`I3 790 Other Labor Litigation
`or Defendant)
`[3 791 Empl. Ret Inc.
`Security Act
`Cl 87] IRS—'l'hird Party
`26 USC 7609
`
`
`
`
`Cl
`
`Cl
`
`0 210 Land Condemnation
`0 220 Foreclosure
`U 230 Rent Lease & Ejectmerit
`D 240 Torts to Land
`D 245 Tort Product Liability
`D 290 All Other Real Property
`
`
`
`rom
`rans erre
`d f
`f
`T
`D 4 Reinstated or D 5 another district
`s ec'
`Reo ened
`
`u
`0
`?l:f33g‘t° Distfict
`
`D 6 Multidistrict
`[3 7
`h/lagiestratr:
`
`Liti ation
`Jud ment
`
`which you are filing (Do not cite jurisdictional statutes unless diversity):
`
`
`
`,
`(Place an “X" in One Box Only)
`V. ORIGIN
`0 2 Removed from
`D 3 Remanded from
`1
`Original
`State Court
`Prooeedin
`A ellate Court
`
`
`
`
`
`VI. CAUSE OF ACTION
`
`'t;ttgiIeltUg(.:
`_
`Brief description of cause:
`Patent and trademark lntringement
`
`
`
`
`CHECK IF THIS IS A CLASS ACTION
`DEMAND 55
`CHECK YES only if demanded in complaint:
`VH. REQUESTED IN
`COMPLAINT:
`UNDER F~R-C-P- 23
`JURY DEMAND:
`fives
`CI No
`
`
`
`
`
`VIII. RELATED CASE(S)
`IF ANY
`
`)_
`S%_ W 6
`‘"5
`° °“’ '
`
`‘
`
`JUDGE
`
`DOCKET NUMBER
`
`SIGNATURE
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`

`
`QAO 440 (Rev. 10/93) [MD Rev. 02/2001] Summons in a Civil Action
`
`UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF MARYLAND
`
`NACREAS,
`
`SUMMONS IN A CIVIL CASE
`
`CASE
`
`SILYNX COMMUNICATIONS, INC.,
`and GIL LIMONCHIK
`
`T03 (Name and address of Defendant)
`
`GIL LIMONCHIK
`1104 Main Street
`
`Gaithersburg, MD 20878
`Montgomery County
`
`YOU ARE HEREBY SUMMONED and required to serve upon PLAINTlFF’S ATTORNEY (name and address)
`
`Andrew R. Kopsidas (Bar No. 16057)
`FISH & RICHARDSON P.C.
`1425 K Street, N.W., 11th Fl.
`Washington, DC. 20005
`Telephone: (202) 783-5070
`
`days after service of this
`.
`an answer to the complaint which is herewith served upon you, within
`summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the
`relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time
`after service.
`
`20
`
`Felicia C. Cannon
`CLERK
`
`(By) DEPUTY CLERK
`
`DATE
`
`

`
`
`QAO 440 (Rev. I0/93) [MD Rev. 02/2001] Summons in a Civil Action
`
`UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF MARYLAND
`
`NACRE AS,
`
`V.
`
`SUMIVIONS IN A CIVIL CASE
`
`CASE
`
`SILYNX COMMUNICATIONS, INC.,
`and GIL LIMONCHIK ,
`
`T02 (Name and address of Defendant)
`
`SILYNX COMMUNICATIONS, INC.,
`a Delaware corporation
`9901 Belward Campus Drive, Suite 150
`Rockville, MD 20850
`Montgomery County
`
`YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
`
`Andrew R. Kops'd
`B N _ 15
`FISH & RICHAEl§S(()NarP.CO.
`1425
`Street, N.W., llth Fl.
`Washington, D.C. 20005
`Telephone: (202) 783-5070
`
`057)
`
`days after service of this
`an answer to the complaint which is herewith served upon you, within
`summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the
`relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time
`after service.
`
`20
`
`Felicia C. Cannon
`CLERK
`
`DATE
`
`(By) DEPUTY CLERK
`
`

`
`I 2'
`IN THE UNITED STATES DISTRICT comm“.
`FOR THE DISTRICT OF MARYLAND‘
`
`W ‘- »
`
`‘
`
`5 ‘
`
`NACRE AS,
`Sluppenvegen 12 East
`Trondheim, 7037
`Norway
`
`Plaintiff
`
`v.
`
`,
`
`A
`
`E
`
`SILYNX COMMUNICATIONS, INC.,
`a Delaware corporation
`9901 Belward Campus Drive, Suite 150
`Rockville, MD 20850
`Montgomery County
`
`CIVIL ACTION NO.
`
`JURY TRIAL DEMANDED
`
`and
`
`GIL LIMONCHIK, individually,
`1104 Main Street
`
`Gaithersburg, MD 20878
`Montgomery County
`
`Defendants.
`
`COMPLAINT
`
`Nacre AS (“Nacre”) brings this civil action against Silynx Communications (“Silynx”)
`
`and Gil Limonchik (“Limonchik”) (collectively “Defendants”).
`
`1. Plaintiff Nacre is a Norwegian corporation with its principal place of business in
`
`Trondheim, Norway. Nacre designs and manufactures tactical miniature communications
`
`headsets with built-in noise protection. Nacre markets and sells its products primarily to military
`
`and law enforcement personnel.
`
`2. On information and belief, Defendant Silynx is a Delaware corporation with its
`
`principal place of business at 9901 Belward Campus Drive, Suite 150, Rockville, MD 20850.
`
`

`
`Also on information and belief, Silynx markets and sells products with similar features to those
`
`made by Nacre, to the same or similar purchasers to those who purchase Nacre products.
`
`3. On information and belief, Defendant Limonchik is an individual residing at 1104
`
`Main Street, Gaithersburg, MD 20878. Also on information and belief, Limonchik is the Chief
`
`Executive Officer of Silynx. Limonchik is a former consultant to Nacre.
`
`4. This is an action for patent infringement arising under the Patent Act, 35 U.S.C. § 1 et
`
`seq. and for trademark infringement arising under the Lanham Act, 15 U.S.C. § 1051, et Seq.
`
`The value of the subj ect matter in controversy, exclusive of interest and costs, exceeds $75,000.
`
`This Court has jurisdiction pursuant to 15 U.S.C. § 1125 and 28 U.S.C. §§ 1331, 1338.
`
`5. This Court has personal jurisdiction over Defendants. Venue is proper in this district
`
`pursuant to 28 U.S.C. § 1391.
`
`6. Defendants’ infiinging acts, described below, unjustly enrich Defendants and have
`
`damaged Nacre in an amount in excess of $75,000, exclusive of costs and interest.
`
`COUNT I - INFRINGEMENT OF QUIETPRO®
`
`7. The allegations of paragraphs 1-6 are restated and realleged as though fully set forth
`
`herein.
`
`8. Nacre is the sole and exclusive owner of the federally registered mark QUIETPRO®
`
`in Registration No. 3152987 for, inter alia, two—way radios and wireless communicators for use
`
`in combat, in battlefield conditions, in military, military special forces and law enforcement
`
`activities, in noisy aircraft, watercrafi, and vehicle environments, on the U.S. Patent and
`
`Trademark Office (“PTO”) Principal Register. That registration issued on October 10, 2006,
`
`with a priority date of September 14, 2004. A true and correct copy of this registration is attached
`
`hereto as Exhibit 1. Said registration is in full force and effect.
`
`9. Nacre also has common law rights in QUIETPRO® for, inter alia, tactical
`
`communication headsets having wired and wireless push-to-talk modules and ear protection solid
`
`as a unit, in the United States.
`
`

`
`10. Silynx currently uses the confusingly similar mark QUIETOPS in connection with a
`
`tactical hearing protection communication device in the United States.
`
`11. On information and belief, Silynx began using QUIETOPS after the date of Nacre’s
`
`first commercial use of QUIETPRO®.
`
`12. On April 28, 2006, .Silynx filed an application for a federal trademark registration for
`
`QUIETOPS for tactical communication headsets featuring wired and wireless push-to-talk
`
`modules and ear protectors sold as a unit. That application was filed pursuant to 15 U.S.C. §
`
`105 1 (b), indicating an intent to use the mark. A printout from the PTO Trademark Electronic
`
`Search System (“TESS”) reflecting this application is attached hereto as Exhibit 2.
`
`13. Defendants have and are infringing the rights of Nacre in QUIETPRO® under 15
`
`U.S.C. § 1125 and the common law.
`
`14. Defendants’ infringement of Nacre’s rights in QUIETPRO® is and has been willful.
`
`15. If the infringing acts of Defendants are allowed to continue, Nacre will suffer
`
`irreparable injury.
`
`COUNT II — INFRINGEMENT OF U.S. PATENT NO. 7 039 195
`
`16. The allegations of paragraphs 1-6 are restated and realleged as though fully set forth
`
`herein.
`
`17. Nacre is the assignee and owner of all right, title, and interest in United States Patent
`
`No. 7,039,195, entitled “Ear Terminal” (“the ‘195 patent”). The ‘195 patent was duly and
`
`legally issued on May 2, 2006, by the PTO. A true and correct copy of the ‘195 patent is
`
`attached hereto as Exhibit 3.
`
`18. Defendants have been and are now infringing, actively inducing infringement, or
`
`liable for contributory infringement of the ‘195 patent by making, importing, using, offering for
`
`sale, or selling hardware or software products, including, but not limited to, the QuietOps
`
`Tactical Communications Headset.
`
`

`
`19. On information and belief, Defendants have actual knowledge of the ‘195 patent and
`
`their infringement is Wlllflll.
`
`20. Defendants’ past and continued acts of infringement have injured Nacre and, thus,
`
`Nacre is entitled to recover damages adequate to compensate for the infringement.
`
`21. Defendants’ acts of infringement are causing irreparable injury to Nacre and will
`
`continue to cause irreparable injury until enjoined by this Court from further infringement.
`
`COUNT III — INFRINGEMENT OF U.S. PATENT NO. 6 567 524
`
`22. The allegations of paragraphs 1-6 are restated and realleged as though fully set forth
`
`herein.
`
`23. Nacre is the assignee and owner of all right, title, and interest in United States Patent
`
`No. 6,567,524, entitled “Noise Protection Verification Device” (“the ‘524 patent”). The ‘524
`
`patent was duly and legally issued on May 20, 2003, by the PTO. A true and correct copy of the
`
`‘524 patent is attached hereto as Exhibit 4.
`
`24. On information and belief, Defendants have been and are now infringing, actively
`
`inducing infringement, or liable for contributory infringement of the ‘524 patent by making,
`
`importing, using, offering for sale, or selling hardware or software products, including, but not
`
`limited to, the QuietOps Tactical Communications Headset.
`
`25. On information and belief, Defendants have actual knowledge of the ‘524 patent and
`
`their infringement is willful.
`
`26. Defendants’ past and continued acts of infringement have injured Nacre and, thus,
`
`Nacre is entitled to recover damages adequate to compensate for the infringement.
`
`27. Defendants’ acts of infringement are causing irreparable injury to Nacre and will
`
`continue to cause irreparable injury until enjoined by this Court from further infringement.
`
`JURY DEMAND
`
`28. Nacre demands a jury trial for all matters so triable.
`
`

`
`RELIEF REQUESTED
`
`WHEREFORE, Nacre requests that this Court:
`
`A. Preliminarily and permanently enjoin Defendants, and those in active concert or
`
`participation with Defendants, from using QUIETPRO®, QUIETOPS, or any tenn confusingly
`
`similar to QUIETPRO® or QUIETOPS, whether alone or in combination with other words or
`
`symbols, and from any further trademark infringement;
`
`B. Direct Defendants to pay Nacre the actual damages to Nacre and any profits realized
`
`by Defendants, and the costs of this action pursuant to 15 U.S.C. § 1117(a);
`
`C. Enter judgment that the Defendants’ acts of trademark infiingement have been
`
`knowing and willful;
`
`D. Order Defendants to pay for corrective advertising for the purpose of correcting
`
`consumers‘ mistaken impressions created by Defendants’ infringing acts;
`
`E. Order the recall, impounding and destruction of all goods, advertising or other items
`
`bearing infringing markings, pursuant to 15 U.S.C. § 1118, or otherwise;
`
`F. Order Defendants’ application for a federal trademark registration for QUIETOPS to
`
`be withdrawn and/or canceled;
`
`G. Render judgment finding that Defendants have infringed and/or induced infringement
`
`of the ‘195 patent and the ‘524 patent;
`
`H. Find that Defendants’ patent infringement was willful;
`
`1.
`
`Issue preliminary and permanent injunctions preventing Defendants, and those in
`
`active concert or participation with Defendants, from further infringement, inducement of
`
`infringement, or contributory infringement of the ‘195 patent or the ‘524 patent;
`
`J. Award compensatory damages for patent infringement in an amount to be determined
`
`at trial;
`
`K. Award treble damages for patent infringement pursuant to 35 U.S.C. § 284;
`
`L. Award interest as allowed by law;
`
`

`
`M. Declare that this case is exceptional pursuant to 35 U.S.C. § 285, and award the costs
`
`and reasonably attorneys’ fees incurred in connection with this action; and
`
`N. Award Nacre such further relief as this Court and the jury may deem just and proper.
`
`Dated: October2,2007
`
`Respectfully submitted,
`
`NACRE AS
`
`By its attorneys,
`
`/
`
`
`
`
`Andrew R. Kopsidas ( at No. l6057)
`kopsidas@fr.com
`FISH & RICHARDSON P.C.
`1425 K Street, N.W., 11"‘ F1.
`Washington, D.C. 20005
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
`
`Of Counsel:
`
`Charles Hieken
`
`hieken@fr.com
`Greg Madera
`madera@fr.com
`Adam J. Kessel
`
`kessel@fr.com
`
`FISH & RICHARDSON P.C.
`225 Franklin Street
`
`Boston, MA 02110-2804
`Telephone: (617) 542-5070
`Facsimile: (617) 542-8906
`
`Attorneys for Plaintiff
`NACRE AS
`Complaint for Patent and Trademark Infringement Nacre v Silynx and Limonchik_.doc
`
`

`
`ATTACHMENT
`
`1
`
`

`
`Int. Cls.: 9, 10 and 41
`
`Prior U.S. Cls.: 21, 23, 26, 36, 38, 39, 44, 100, 101 and
`107
`
`United States Patent and Trademark Office
`
`Reg. No. 3,152,987
`Registered Oct. 10, 2005
`
`TRADEMARK
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`QUIETPR
`
`NACRE AS (NORWAY CORPORATION)
`ABBELSGATE 5
`7030 TRONDHEIM, NORWAY
`
`FOR: HEADPHONES; EARPHONES; AUDIOME-
`TERS FOR NON-MEDICAL USE; ELECTRONIC
`SOUND AMPLIFIERS; ELECTRONIC SOUND AM-
`PLIFIERS FOR USE IN AND TOGETHER WITH
`EARPHONES; ELECTRONIC SOUND AMPLIFIERS
`FOR USE IN AND TOGETHER WITH EARPHONES
`WITH NOISE CONTROL, NOISE SUPPRESSION,
`IMPULSE NOISE SUPPRESSION AND INTELLI-
`GENT ADAPTIVE HEARING PROTECTION CIR-
`CUITRY TO FILTER, SUBDUE OR CONTROL
`UNDESIRABLE NOISE OR SOUNDS AND TO AL-
`LOW TWO-WAY COMMUNICATION IN NOISY
`AND STRESSFUL ENVIRONMENTS; TWO-WAY
`OR MULTI-DIRECTIONAL COMMUNICATION MI-
`CROPHONES, EARPHONES AND HEADSETS WITH
`NOISE CONTROL, NOISE SUPPRESSION, IMPULSE
`NOISE SUPPRESSION AND INTELLIGENT ADAP-
`TIVE HEARING PROTECTION CIRCUITRY TO
`FILTER, SUBDUE OR CONTROL UNDESIRABLE
`NOISE OR SOUNDS AND TO ALLOW TWO-WAY
`COMMUNICATION IN NOISY AND STRESSFUL
`ENVIRONMENTS; ELECTRONIC HEADSETS;
`ELECTRONIC NOISE SUPPRESSION HEADSETS;
`ELECTRONIC HEADSETS WITH IMPULSE NOISE
`PROTECTION AND SUPPRESSION; ELECTRONIC
`HEADSETS WITH INTELLIGENT ADAPTIVE
`HEARING PROTECTION CIRCUITRY; TWO-WAY
`RADIOS AND WIRELESS COMMUNICATORS FOR
`USE IN COMBAT, IN BATTLEFIELD CONDITIONS,
`IN MILITARY, MILITARY SPECIAL FORCES AND
`LAW ENFORCEMENT ACTIVITIES, IN NOISY AIR-
`
`CRAFT, WATERCRAFT AND VEHICLE ENVIRON-
`MENTS, AND IN HIGHLY STRESSFUL, NOISY
`AND DIFFICULT ENVIRONMENTS, IN CLASS 9
`(US. CLS. 21, 23, 26, 36 AND 38).
`
`FOR: HEARING AIDS; NOISE SUPPRESSION
`HEARING AIDS; IMPULSE NOISE PROTECTION
`HEARING AIDS; AUDIOMETERS FOR MEDICAL
`USE; INTELLIGENT ADAPTIVE HEARING AIDS
`AND SPEECH ASSISTANCE COMMUNICATIONS
`DEVICES FOR USE IN COMBAT, IN BATTLEFIELD
`CONDITIONS, IN MILITARY, MILITARY SPECIAL
`FORCES AND LAW ENFORCEMENT ACTIVITIES,
`IN NOISY AIRCRAFT, WATERCRAFT AND VEHI-
`CLE ENVIRONMENTS, AND IN HIGHLY STRESS-
`FUL, NOISY AND DIFFICULT ENVIRONMENTS,
`IN CLASS 10 (US. CLS. 26, 39 AND 44).
`
`FOR: EDUCATION AND TRAINING SERVICES,
`NAMELY PROVIDING EDUCATIONAL CLASSES,
`SEMINARS, GROUP AND INDIVIDUAL TRAINING
`ON INTELLIGENT, ADAPTIVE HEARING AND
`COMMUNICATION TECHNIQUES IN COMBAT,
`IN BATTLEFIELD CONDITIONS, IN MILITARY,
`MILITARY SPECIAL FORCES AND LAW ENFOR-
`CEMENT ACTIVITIES, IN NOISY AIRCRAFT, WA-
`TERCRAFT AND VEHICLE ENVIRONMENTS,
`AND IN HIGHLY STRESSFUL, NOISY AND DIFFI-
`CULT ENVIRONMENTS; PROVIDING EDUCA-
`TIONAL CLASSES, SEMINARS AND
`CONFERENCES, AND TRAINING SERVICES IN
`THE FIELD OF AUDIOLOGY, HEARING DEVICES,
`ELECTRONIC AMPLIFICATION AND FILTERING
`DEVICES, MICROPHONES, DIGITAL ACTIVE
`NOISE REDUCTION AND FILTERING, AND DIGI-
`
`

`
`TAL AND ANALOG SIGNAL PROCESSING TECH-
`NIQUES, IN CLASS 41 (US. CLS. 100, 101 AND 107).
`
`PRIORITY CLAIMED UNDER SEC. 44(D) ON
`NORWAY APPLICATION NO. 200409158, FILED 9-
`14-2004, REG. NO. 228756, DATED 10-19-2005, EX-
`PIRES 10-19-2015.
`
`THE MARK CONSISTS OF STANDARD C1-IAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`SER. NO. 78—575,821, FILED 2-26-2005.
`
`SUSAN BILLHEIMER, EXAMINING ATTORNEY
`
`

`
`ATTACHMENT
`
`2
`
`

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`QUIETOPS
`
`Word Mark
`
`QUIETOPS
`
`Goods and Services
`
`Standard Characters
`Claimed
`
`IC 009. US O21 O23 026 036 038. G & 3: Tactical communication headsets featuring wired and
`wireless push-to-talk modules and ear protectors sold as a unit
`
`Mark Drawing Code
`Serial Number
`
`(4) STANDARD CHARACTER MARK
`78872017
`
`Filing Date
`Current Filing Basis
`Original Filing Basis
`Published for
`Opposition
`
`Owner
`
`April 28, 2006
`1B
`1B
`
`July 3, 2007
`
`(APPLICANT) Silynx Communications, Inc. CORPORATION DELAWARE Suite 150 9901 Belward
`Campus Dr. Rockville MARYLAND 20850
`
`Attorney of Record
`
`Annette P. Heller
`
`Type of Mark
`Register
`LiveIDead Indicator
`
`TRADEMARK
`PRINCIPAL
`LIVE
`
`Nr~:'m..Isarr
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`$rrrrrc::rurr£r,r
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`figutr
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`||||||llllllllIll||l|l||||||||1||l||1|||1|||H||l|lllllllllllllllllllllll
`
`US007039195B1
`
`(12) United States Patent
`Svean et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 7,039,195 B1
`May 2, 2006
`
`(54)
`
`(75)
`
`EAR TERMINAL
`
`Inventors: Jarlc Svean, Trondheim (NO); Svcin
`Sorsdal, Trondheim (NO); Odd Kr. 0.
`Pettersen, Trondheim (NO); Georg E.
`Ottesen, Trondheim (NO); Sverre
`Stenshy, Trondheim (NO)
`
`(73)
`
`Assignee: Nacre AS, Trondheim (NO)
`
`(*)
`
`Notice;
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S,C. 154(b) by 1043 days.
`
`(21)
`
`Appi. No.: 09/653,870
`
`(22)
`
`(51)
`
`(52)
`(53)
`
`(56)
`
`Filed:
`Int. Cl.
`
`Sep. 1, 2000
`
`A6117 11/06
`
`(2006.01)
`
`381/71.6; 381/71.1; 381/72
`U.S. Cl.
`Field of Classification Search .............. .. 381/716,
`381/71.1, 312, 313, 314, 317, 318. 58, 72,
`331/74; 340/540
`See application file for complete SBHFC11 history.
`
`References Cited
`
`U S. PATENT DOCUMENTS
`
`4,985,925 A
`
`1/1991 Langberg et ai.
`
`1/1994 Krokstad et 211.
`5.276.739 A
`6/1995 Franks et al.
`5,426,719 A
`5,577,511 A "‘ 11/1996 Killion ..................... .. 600/559
`
`FOREIGN PATENT DOCUMENTS
`
`DE
`EP
`FR
`GB
`
`3133107 A "‘
`0684750 A2 "‘
`2702275 A] “‘
`2184629 A "‘
`
`3/1983
`ll/1995
`9/1994
`6/1987
`
`* cited by examiner
`
`Primary Examiner—Melur Ramakrishnaiah
`(74) Attorney, Agent. or Fi'rm—Young & Thompson
`
`(57)
`
`ABSTRACT
`
`Ear terminal comprising a sealing section (2) for arrange-
`ment in the meams (3) of a human, comprising:
`an inner microphone (M2) having a sound inlet (S2) for
`being directed, directed into the meatus,
`an electronics unit (11) coupled the inner niicrophone
`(M2) and also being coupled to a power supply (12) as
`Well as
`
`an outer microphone (M1) for measuring acoustic signals
`in the environment.
`
`16 Claims, 9 Drawing Sheets
`
`
`
`
`1\\g§:.-._.—. - -_....\_
` ‘fir?/\/V//JEEVP’*
`
`&-l
`-I-—n:j
`
`
`klflfiidf nzffifl
`
`

`
`U.S. Patent
`
`May 2, 2006
`
`Sheet 1 of 9
`
`US 7,039,195 B1
`
`

`
`U.S. Patent
`
`May 2, 2006
`
`Sheet 2 of 9
`
`US 7,039,195 B1
`
`

`
`U.S. Patent
`
`May 2,2006
`
`Sheet 3 of 9
`
`US 7,039,195 B1
`
`Fig. 3
`
`

`
`U.S. Patent
`
`May 2, 2006
`
`Sheet 4 of 9
`
`US 7,039,195 B1
`
`nnnnnnnn- av------—
`
` Analysis of
`
`
`
`sound classes
`
`Fig. 4
`
`

`
`U.S. Patent
`
`May 2,2006
`
`Sheet 5 of9
`
`US 7,039,195 B1
`
`Fig. 5
`
`

`
`U.S. Patent
`
`May 2,2006
`
`Sheet 6 of 9
`
`US 7,039,195 B1
`
`

`
`U.S. Patent
`
`May 2, 2006
`
`Sheet 7 of 9
`
`US 7,039,195 B1
`
`2
`
`gt;
`
`E5
`
`M
`/
`all
`
`Hi
`
`145
`
`Hé
`
`14 7-
`
`
`
`Accumulate
`
`noise dose
`
`
`
`H1
`
`H":
`
`L”
`
`”go" if "no go"
`
`Fig. 7
`
`

`
`U.S. Patent
`
`May 2, 2006
`
`Sheet 3 of 9
`
`US 7,039,195 B1
`
`E?
`
`EQ
`
`3)
`
`Puretone generator sin‘:
`
`t
`
`+0
`82
`Pure tone generator Sm 2 ft
`Frequencyfz n
`““°
`
`."
`
`s
`
`8'-I
`
`as
`
`3
`
`M2‘;
`
` Detector
`
`Out-of-phase, £2
`
`8 8
`"go" I "no go"
`
`Decision algorithm
`
`Fig. 8
`
`

`
`U.S. Patent
`
`May 2, 2006
`
`Sheet 9 of 9
`
`US 7,039,195 B1
`
`
`
`Fig.9
`
`

`
`US 7,039,195 B1
`
`1
`EAR TERMINAL
`
`The invention concerns the physical design of an adap-
`tive hearing protective earplug combined with an audio
`communications terminal.
`There exist a lot of solutions for hearing protection and
`audio communication in noisy environments based on ear-
`plugs and ear-mufl"s with earphones (loudspeakers), boom
`microphones, cheek-bone microphones, or throat micro-
`phones. All these solutions have one of more of the follow~
`ing undesirable properties:
`heavy and clumsy.
`uncomfortable.
`
`inferior quality of sound pick-up and restoration.
`poor noise attenuation.
`attenuate both desired and unwanted sounds.
`it is an object of this invention to provide an ear terminal
`having none of these shortcomings, being a lightweight,
`all-in-the-ear intelligent hearing protector with wireless
`communication. The noise attenuation is automatically
`adapted to the noise conditions and communication modes.
`The present invention therefore simultaneously protects the
`hearing and provides improved communication abilities in
`different noise environments. It is intended for continuous
`use during the working day or other periods when hearing
`protection and/or voice communication is needed.
`The invention also concerns a device for utilising the
`speech sound produced in the ear of a person carrying
`hearing protective communications ear plugs according to
`the invention.
`Present day devices intended to pick up speech from a
`person in a very noisy environment represent a technological
`challenge and take several forms. Common types include
`A microphone in close proximity to the mouth, carried on
`a microphone boom. The microphone is made with a
`characteristic emphasising the near field from the
`mouth. This type is sometimes referred to as “noise
`cancelling”.
`A vibration pickup in contact with the throat, picking up
`the vibrations of the vocal cord.
`
`A vibration pickup in contact with the wall of the meatus,
`the outer ear canal, picking up the vibrations of the
`tissue in the head.
`
`A similar pickup in contact with the cheek—bo'ne.
`These device types are either fairly sensitive to acoustic
`noise masking the speech, or certain speech sounds are
`poorly transmitted, especially the high frequency consonant
`sounds necessary for good intelligibility.
`Persons exposed to high noise levels are required by
`health and safety regulations to wear hearing protectors. The
`protectors take the form eitherof sealing cups which enclose
`the car, or ear plugs which block the ear canal. The latter
`type of protector is often preferred because of its small size
`and relatively good comfort.
`Thus it is an additional object of this invention to provide
`an ear plug with two desirable properties:
`The cavity sealed off in the inner portion of the meatus by
`the car plug is relatively free of external noise, this is
`the purpose of the ear plug in protecting the hearing.
`The sound field in the cavity generated by the persons
`own voice contains all the frequency components nec-
`essary to reconstruct the speech with good intelligibil-
`ity.
`The solution according to invention takes advantage of
`these facts. By using a microphone to pick up the acoustic
`
`10
`
`15
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`2
`sound field in the inner portion of the meatus and processing
`the microphone signal according to the invention, a speech
`signal of high quality and low noise masking is produced.
`lt is an additional object of this invention to provide a
`system for increasing the user’s feeling of naturalness of the
`user's own voice when using a hearing protective commu-
`nications terminal according to the invention.
`Using ordinary earplugs or earmufls, the user usually feels
`his own voice being distorted, a feature reducing the comfort
`of wearing hearing protectors. Ordinary hearing defenders
`changes the normal sound transmission path from the mouth
`to the eardrums. Thus the auditory feedback from the users
`own voice is affected resulting in an unintended change in
`the speech output. A normal response is to raise one’s own
`voice level when using headsets or earplugs.
`The invention solves this problem by filtering and mixing
`in the user’s own voice picked up by either the outer or the
`inner microphone at one ear and reproduce the signal at the
`loudspeaker in the other car. lt is also possible to reproduce
`the signal by the loudspeaker in the same ear, in which case
`feedback cancellation has to be applied. Thus the user’s
`voice is felt more natural both with respect to frequency
`response and speech level. This feature will increase the
`level of acceptance for continuous use of hearing protectors
`during the whole working day. The own voice signal is
`added and reproduced in such a way that the noise reduction
`property of the hearing protector is maintained.
`An additional object of this invention is to provid.e a
`programmable personal noise exposure dose meter that
`measures the true exposure in the user’s ear and calculates
`the hearing damage risk.
`Present day noise exposure dose meters, also called
`dosimeters, usually consist of a microphone and a small
`electronics unit that may be attached to the body or worn in
`a pocket. The microphone may be mounted on the electron-
`ics unit or it may be fastened to the collar or on the shoulder.
`ANSI Sl.25 specifies dosimeters.
`Present day dosimeters have several shortcomings:
`Dosimeters do not measure the noise that actually affects
`the hearing organ (e.g. when the user wears a hearing
`protector, helmet, etc.). Even when the ear is not
`covered. measurements may be influenced by body
`shielding.
`Dosimeters are susceptible to non-intentional or inten-
`tional errors, which may influence readings, such as
`wearers tapping or singing into dosimeter microphones
`or by wind-generated noise.
`Dosimeters are inaccurate if impulse or impact noise is
`present.
`The invention solves these problems by rising a micro-
`phone that measures the sound at the eardrum and employs
`analysis procedures that take into account both stationary
`and impulsive sound. When the dose meter is part of a
`communications terminal
`this includes external noises,
`incoming communication signal, as Well as possible mal-
`fiinctioning of the equipment.
`It is also an object ofthis invention to provide a dev