NOTIFICATION OF TRANSMITTAL OF
`THE INTERNATIONAL SEARCH REPORT AND
`THE WRITTEN OPINION OF THE INTERNATIONAL
`SEARCHING AUTHORITY, OR THE DECLARATION
`
`(PCT Rule 44.1)
`
`2. C] The applicant is hereby notified that no international search report will be established andthat the declaration under
`Article 17(2)(a) to that effect and the written opinion ofthe International Searching Authority are transmitted herewith.
`
`
`
`
`
`3, C] With regard to any protest against payment of(an) additional fee(s) under Rule 40.2, the applicantis notified that:
`[| the protest together with the decision thereon has been transmitted to the International Bureau together with any
`request to forward the texts of both the protest and the decision thereon to the designated Offices.
`
`From the INTERNATIONAL SEARCHING AUTHORITY
`
`PATENT COOPERATION TREATY
`
`PCT/US2011/067045
`
`To:
`
`KELBER MICHAEL
`
`PCT
`
`
`
`
`
`NEAL, GERBER & EISENBERG LLP TWO NORTH
`
`LASALLE STREETSUITE 1700 CHICAGOIL 60602 USA
`
`
`
`
`Date of mailing
`
`(day/month/vear) 27 SEPTEMBER2012 (27.09.2012)
`
`
`Applicant's or agent's file reference
`
`22552.13WOl
`
`
`
`International filing date
`International application No.
`(day/month/year)
`
`
`PCT/US2011/067045
`22 DECEMBER2011 (22.12.2011)
`
`
`
`
`Applicant
`
`BEATS ELECTRONICS, LLC et al
`1.
`bx] The applicantis hereby notified that the international search report and the written opinion ofthe International Sear Wed 2 3 20 12
`
`
`
`
`Authority have been established andare transmitted herewith.
`
`
`DOC ET
`Filing of amendments and statement under Article 19:
`The applicantis entitled, if he so wishes, to amendthe claimsofthe international application (see Rule 46):
`
`
`When? The timelimit for filing such amendments is normally two months from the date of transmittal of the
`
`
`international search report.
`
`
`Where? Directly to the International Bureau of WIPO, 34 chemin des Colombettes
`
`
`1211 Geneva 20, Switzerland, Facsimile No.: +41 22 338 82 70
`
`
`For moredetailed instructions, see PCT Applicant's Guide, International Phase, paragraphs 9.004 . 9.011.
`
`
`
`
`
`
`
`
`
`
`| no decision has been madeyet on the protest; the applicant will be notified as soon as a decision is made.
`4, Reminders
`The applicant may submit comments on an informalbasis on the written opinion of the International Searching
`
`
`Authority to the International Bureau. The International Bureauwill send a copy of such commentsto all designated
`
`
`Offices unless an international preliminary examination report has been oris to be established. Following the
`expiration of 30 months from the priority date, these commentswill also be madeavailable to the public.
`
`
`Shortly after the expiration of 18 monthsfrom the priority date, the international application will be published by the
`
`
`International Bureau.If the applicant wishes to avoid or postpone publication, a notice of withdrawalofthe
`
`
`international application, or ofthe priority claim, must reach the International Bureau before the completionofthe
`technical preparationsfor international publication (Rules 90bis.1 and 90bis.3).
`
`
`
`
`Within 19 months from the priority date, but only in respect of some designated Offices, a demand for international
`preliminary examination mustbefiled if the applicant wishes to postpone the entry into the national phase until 30
`monthsfrom the priority date (in some Offices evenlater); otherwise, the applicant must, within 20 months from the
`
`
`priority date, perform the prescribed acts for entry into the national phase before those designated Offices.
`In respect of other designated Offices, the time limit of 30 months(orlater) will apply even if no demandis filed
`
`
`within 1 9months.
`
`For details about the applicable time limits, Office by Office, see www.wipo.int/pet/en/texts/time_limits.htm] and the
`PCTApplicant's Guide, National Chapters.
`
`
`Authorized officer Name and mailing address of the ISA/KR
`
`KoreanIntellectual Property Office
`
` COMMISSIONER
`189 Cheongsa-ro, Seo-gu, Daejeon Metropolitan
`
`City, 302-701, Republic of Korea
` Telephone No. 82-42-481-8755
`Facsimile No. 82-42-472-7140
`Form PCT/ISA/220 (July 2010)
`
`

`

`Fax: +1 703 388 1084
`
`Inquiries related to PCT International Search Report or Written Opinion prepared by KIPOas an International
`Searching Authority can be answerednot only by KIPO but also through IPKC(Intellectual Property Korea
`Center), located in Vienna, VA, which functions as a PCT Help Desk for PCT applicants.
`
`Homepage: http://www.ipkcenter.com
`Email: ipkc@ipkcenter.com
`Phone: +1 703 388 1066
`
`Notes to Form PCT/ISA/220 (July 2010)
`
`* Attention
`
`Copies of the documents cited in the international search report can be searched in the following Korean Intellectual
`Property Office English website for three months from the date of mailing ofthe international search report.
`
`http://www.kipo.go.kr/en/ => PCT Services => PCT Services
`
`ID : PCTinternational application number
`PW: TY9B55JH
`
`

`

`PCT/US2011/067045
`
`PATENT COOPERATION TREATY
`
`PCT
`
`INTERNATIONAL SEARCH REPORT
`
`(PCT Article 18 and Rules 43 and 44)
`
`A
`
`A
`A
`1
`pplicant's or agent's file reference
`22552.13WOl
`
`FOR FURTHER
`ACTION
`
`see Form PCT/ISA/220
`as well as, where applicable, item 5 below.
`
`(Earliest) Priority Date (day/month/year)
`Internationalfiling date (day/month/year)
`International application No.
`
`PCT/US2011/067045 22, DECEMBER2011 (22.12.2011)|03 JANUARY2011 (03.01.2011)
`
`Applicant
`
`BEATS ELECTRONICS, LUC et al
`
`This International search report has been prepared by this International Searching Authority and is transmitted to the applicant according
`to Article 18. A copy is being transmitted to the International Bureau.
`
`sheets.
`3
`This international search report consists of a total of
`[| It is also accompaniedby a copyofeachprior art documentcitedin this report.
`
`Basis of the report
`a. With regard to the language,the international search was carried out on the basis of :
`
`the international application in the language in which it was filed
`, which is the language ofa
`[| a translation ofthe international application into
`translation furnished for the purposes of international search (Rules 12.3(a) and 23, 1(b))
`b. [| This international search report has been established taking into accountthe rectification of an obvious mistake
`authorized by or notified to this Authority under Rule 91 (Rule 43.6dis(a)).
`C. | With regard to any nucleotide and/or amino acid sequencedisclosedin the international application, see Box No.I.
`[| Certain claims were found unsearchable (See Box No. I)
`[| Unity of inventionis lacking (See Box No.IIE)
`
`b. C] noneofthe figure is to be published with the abstract.
`
`With regard to thetitle,
`X] the text is approved as submitted by the applicant.
`[| the text has been established by this Authority to read as follows:
`
`With regard to the abstract,
`IX] the text is approved as submitted by the applicant.
`[] the text has been established, according to Rule 38.2, by this Authority as it appears in Box No. IV. The applicant
`may, within one month from the date of mailing ofthis international search report, submit commentsto this Authority.
`
`With regard to the drawings,
`a.
`the figure of the drawings to be published with the abstract is Figure No.
`[| as suggested by the applicant.
`hx] as selected by this Authority, because the applicant failed to suggesta figure.
`[| as selected by this Authority, becausethis figure better characterizes the invention.
`
`Form PCT/ISA/210 (first sheet) (July 2009)
`
`

`

`INTERNATIONAL SEARCH REPORT
`
`International application No.
`PCT/US2011/067045
`
`A.
`
`CLASSIFICATION OF SUBJECT MATTER
`
`HOAR 1/10(2006.01)i
`
`According to International Patent Classification (IPC) or to both national classification and IPC
`FIELDS SEARCHED
`
`Minimum documentation searched (classification system followedbyclassification symbols)
`HO4R 1/10; HO4R 25/00; HO4R 9/06; A61F 11/14
`
`Documentation searched other than minimum documentation to the extent that such documents are includedin the fields searched
`Korean utility models and applications forutility models
`Japanese utility models and applications forutility models
`
`Electronic data base consulted during the international search (nameof data base and, where practicable, search terms used)
`eKOMPASS(KIPOinternal) & Keywords: headphone, damper, rim, ear cup, assembly
`
`Cc, cor|Gnomes.aagaRRRCONSIDERED TO BE RELEVANT
`
`
`
`
`
`
`
`Category* Citation ofdocument, with indication, where|cavonofocument,withination,whereappropriate,oftherelevantpassagesoftherelevantpassages Relevantto claim No.
`
`
`
`
`[| Further documents are listed in the continuation ofBox C.
`Special categories of cited documents:
`documentdefining the generalstate of the art which is not considered
`to be of particular relevance
`earlier application or patent but published on orafter the international
`filing date
`document which may throw doubts onpriority claim(s) or which is
`cited to establish the publication date of citation or other
`special reason (as specified)
`document referring to an oral disclosure, use, exhibition or other
`means
`documentpublished prior to the internationalfiling date but
`than the priority date claimed
`
`(TOMINORI KIMURA et al.) 11 November 2010
`US 2010-0284558 Al
`See abstract, claims 1, 5 and figure 1
`
`(ROMAN SAPIEJEWSKI et al.) 27 May 2010
`US 2010-0128884 Al
`See abstract, claims 1, 11-12, 20 and figure 14
`
`US 06163615 A (THOMAS F.CALLAHAN) 19 December 2000
`See abstract, column 3,
`lines 13-22, column 4,
`lines 28-36, column 5,
`~18, claims 1, 6, 10, 13 and figure 1
`
`lines 5
`
`(NAOTAKA TSUNODA et al.) 18 May 2006
`US 2006-0104471 Al
`See abstract, claims 1-2, 5, 11 and figures 4-5
`
`"T"
`
`IX] See patent family annex.
`later documentpublishedafter the internationalfiling date or priority
`date and not
`in conflict with the application but cited to understand
`the principle or theory underlying the invention
`"xX" documentof particular relevance; the claimed invention cannot be
`considered novel or cannot be considered to involve an inventive
`step when the documentis taken alone
`documentof particular relevance;
`the claimed invention cannot be
`considered to involve an inventive step when the document
`is
`combined with one or more other such documents,such combination
`being obviousto a personskilled in the art
`"&" document memberof the same patent family
`
`Date of mailing of the international search report
`27 SEPTEMBER2012 (27.09.2012)
`Authorized officer
`
`JEONG, So Yeon
`
`Telephone No.
`
`82-42-481-5656
`
`later
`
`Date of the actual completion of the international search
`27 SEPTEMBER2012 (27.09.2012)
`Nameand mailing address of the ISA/KR
`Korean Intellectual Property Office
`189 Cheongsa-ro, Seo-gu, Daejeon Metropolitan
`City, 302-701, Republic of Korea
`Facsimile No. 82-42-472-7140
`
`Form PCT/ISA/210 (second sheet) July 2009)
`
`

`

`INTERNATIONAL SEARCH REPORT
`Information on patent family members
`
`International application No.
`PCT/US2011/067045
`
`Patent document
`cited in search report
`
`Publication
`date
`
`Patent family
`member(s)
`
`Publication
`date
`
`US 2010-0284558 Al
`
`11.11.2010
`
`CN 101883301 A
`JP 2010-263460 A
`
`US 2010-0128884 Al
`
`27 05,2010
`
`AU 2008-319813 A1
`CA 2744472 Al
`CN 102224742 A
`EP 2368371 Al
`JP 2012-510214 A
`TW 201031231 A
`WO 2010-062944 Al
`
`26.08.2009
`
`US 06163615 A
`
`19, 12.2000
`
`US 2006-0104471 Al
`
`18.05.2006
`
`US 05917918 A
`US 7162039 B1
`
`CN 1780492 A
`CN 1780492 CO
`EP 1651000 A2
`JP 04-320629 B2
`JP 2006-121318 A
`JP 4320629 B2
`
`04,
`12.06.2009
`11.05, 2006
`
`Form PCT/ISA/210 (patent family annex) (July 2009)
`
`

`

`From the
`INTERNATIONAL SEARCHING AUTHORITY
`
`PATENT COOPERATION TREATY
`
`PCT/US2011/067045
`
`To:
`
`KELBER MICHAEL
`
`PCT
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`(PCT Rule 43bis.1)
`
`
`
`Applicant
`
`
`
`
`
`NEAL, GERBER & EISENBERG LLP TWO NORTH
`LASALLE STREET SUITE 1700 CHICAGOIL 60602 USA
`
`
`
`
`
`Date of mailing
`
`(day/month/year) 27 SEPTEMBER2012 (27.09.2012)
`
`
`Applicant's or agent's file reference
`FOR FURTHER ACTION
`22552. 13WOl
`See paragraph 2 below
`
`
`International filing date (day/month/year)
`International application No,
`Priority date(day/month/year)
`
`PCT/US2011/067045
`22 DECEMBER2011 (22.12.2011)
`[03 JANUARY 2011 (03.01.2011)
`
`
`International Patent Classification (IPC) or both nationalclassification and IPC
`
`HOAR 1/10(2006.01)i
`
`
`BEATS ELECTRONICS, LLC et al
`
` . This opinion containsindicationsrelating to the following items:
`Box No. I
`Basisof the opinion
`
`Box No. I Priority
`Box No. III
`Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`
`
`LOC]CLL Box No. VIII Certain observations on the international application
`
`Box No. IV
`Box No. V_
`
`Box No. VI
`
`Lack of unity of invention
`Reasoned statement under Rule 43bis. 1{a)(i) with regard to novelty, inventive step or industrial applicability,
`citations and explanations supporting such statement
`Certain documents cited
`
`Box No. VH
`
`Certain defects in the international application
`
`By.
`
`
`
`
`
`
`
`
`
`
`
`
`2. FURTHER ACTION
`Ifa demandfor international preliminary examination is made, this opinion will be considered to be a written opinion ofthe
`
`International Preliminary Examining Authority ("IPEA") exceptthat this does not apply where the applicant chooses an Authority
`other than this one to be the IPEA and the chosen IPEAhasnotified the International Bureau under Rule 66.1 bis(b) that written
`
`
`opinionsofthis International Searching Authority will not be so considered.
`
`
`
`Ifthis opinion is, as provided above, considered to be a written opinion ofthe IPEA, the applicantis invited to subnpit-toe
`IPEA a written reply together, where appropriate, with amendments, before the expiration of3 monthsfrom the datof
`ingr
`
`
`of Form PCT/ISA/220 or before the expiration of 22 months from the priority date, whichever expireslater.
`For further options, see Form PCT/ISA/220.
`
`
`
`
`
`
`Date of completion ofthis opinion|Authorized officer
`mailing address of the ISA/KR
`Name and
`
`
`Korean Intellectual Property Office
`
`
`189 Cheongsa-ro, Seo-gu, Daejeon
`27 SEPTEMBER2012 (27.09.2012)}JEONG, So Yeon
`
`
`
`Metropolitan City, 302-701,
`e..
`
`
`
`
`
`Republic of Korea
`
`Telephone No.82-42-481-5656
`csimile No. 82-42-472-7140
`Fa
`
`
`Form PCT/ISA/237 (cover sheet) (July 2011)
`
`

`

`a, a sequencelisting filed or furnished
`[| on paper
`[| in electronic form
`
`b. time offiling or furnishing
`L] containedin the international application asfiled.
`[] filed together with the international application in electronic form.
`[] furnished subsequently to this Authority for the purposes ofsearch.
`
`4, [| In addition, in the case that more than oneversion or copy of a sequencelisting has beenfiled or furnished, the required
`statements that the information in the subsequentor additioanl copiesis identical to that
`in the application as filed or does
`not go beyond the application as filed, as appropriate, were furnished.
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT/US2011/067045
`
`Box No.
`
`I Basis of this opinion
`
`1. With regardto the language,this opinion has been established onthe basis of :
`
`xX the international application in the language in which it was filed
`, which is the language of a
`| a translation of the international application into
`translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b))
`2. | This opinion has been established taking into accountthe rectification of an obvious mistake authorized by or notified
`to this Authority under Rule 91 (Rule 43dis.1(a))
`3. With regard to any nucleotide and/or amino acid sequence disclosed in the international application, this opinion has been
`established onthe basis of:
`
`5, Additional comments:
`
`Form PCT/ISA/237 (Box No. 1)( July 2011)
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`
`
`
`PCT/US2011/067045
`
`Box No. V Reasoned statement under Rule 43bis.1(a)(i) with regard to novelty, inventive step or industrial applicability;
`citations and explanations supporting such statement
`
`1, Statement
`
`Novelty (N)
`
`Inventive step (IS)
`
`Claims
`Claims
`
`Claims
`Claims
`
`1-7
`
`NONE
`
`YES
`NO
`
`
`1-7
`
`NONE
`
`YES
`NO
`
`
`
`
`Industrial applicability IA)|Claims 1-7 YES
`
`
`NONE NOCt
`Claims
`
`2. Citations and explanations:
`
`Reference is made to the following documents:
`
`(TOMINORI KIMURA et al.) 11 November 2010
`Di: US 2010-0284558 Al
`(ROMAN SAPIEJEWSKI et al.) 27 May 2010
`D2: US 2010-0128884 Al
`D3: US 06163615 A (THOMAS F.CALLAHAN) 19 December 2000
`D4: US 2006-0104471 Al
`(NAOTAKA TSUNODA et al.) 18 May 2006
`
`1. Novelty and Inventive Step
`
`The subject matter of claim 1 differs from these prior art documents in that a headphone assembly
`comprises a damper rim positioned between the ear-cup assembly and the at least one end of the
`headband assembly, the damper rim covering the engagement structure and being engaged to the ear-
`cup assembly and the at least one end of the headband assembly. And it is not obvious to a person
`skilled in the art by the documents,
`taken alone or in combination. Therefore, claim | meets the
`requirements of PCT Article 33(2) and (3) with respect to novelty and inventive step.
`
`Claims 2-7 are dependent on claim 1, and therefore meet the requirements of PCT Article 33(2) and (3).
`
`2. Industrial Applicability
`
`Claims 1-7 are industrially applicable under PCT Article 33(4).
`
`Form PCT/ISA/237 (Box No. V) (July 2011)
`
`