`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
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`APPLICATION NO.
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`
`
`
` FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
`
`
`CONFIRMATIONNO.
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`29/426,082
`
`06/29/2012
`
`Robert Brunner
`
`22552.20US2
`
`3839
`
`25541
`
`7590
`
`01/30/2013
`
`NEAL, GERBER. & EISENBERG
`SUITE 1700
`2 NORTH LASALLE STREET
`CHICAGO,IL 60602
`
`GREENE, PAULA ALLEN
`
`2912
`
`PAPER NUMBER
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`
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`NOTIFICATION DATE
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`DELIVERY MODE
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`01/30/2013
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`patents @ngelaw.com
`twilliams @ngelaw.com
`tmedonough @ngelaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`
` 29/426,082 BRUNNER ETAL.
`Examiner
`Art Unit
`PAULA GREENE
`2912
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 7 MONTH(S) OR THIRTY(30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
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`1)L] Responsive to communication(s) filed on
`2a)L] This action is FINAL.
`2b) This action is non-final.
`3)L]
`Anelection was made bythe applicant in responseto a restriction requirementset forth during the interview on
`___; the restriction requirement and election have beenincorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
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`is/are pending in the application.
`5)X1 Claims)
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)L] Claim(s) __is/are allowed.
`7)L] Claim(s)__is/are rejected.
`8)L] Claim(s) ____ is/are objected to.
`
`9)X] Claim(s)
`are subject to restriction and/or election requirement.
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`* If any claims have been determined allowable, you may beeligible to benefit from the Patent Prosecution Highway
`program ata participating intellectual property office for the corresponding application. For more information, please see
`
`http/Awww.usoto.gov/patents/init events/pph/index isp or send an inquiry to PPHfeedback@uspto.qov.
`
`Application Papers
`
`10)L] The specification is objected to by the Examiner.
`
`11) The drawing(s)filed on
`is/are: a)[_] accepted or b)[_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`Priority under 35 U.S.C. § 119
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`12)[.] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)LJ All b)L] Some*c)L] None of:
`
`1.] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copiesof the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Attachment(s)
`1) x Notice of References Cited (PTO-892)
`
`2) CT] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 09-12)
`
`3) | Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4) Cc] Other:
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`Office Action Summary
`
`Part of Paper No./Mail Date 20130124
`
`

`

`Application/Control Number: 29/426,082
`Art Unit: 2912
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`Page 2
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`This application discloses the following embodiments:
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`Embodiment 1 - Figs. 1 through 7
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`Embodiment 2 - Figs. 8 through 14
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`Multiple embodiments of a single inventive concept may beincluded in the same
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`design application only if they are patentably indistinct. See In re Rubinfield, 270 F.2d
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`391, 123 USPQ 210 (CCPA 1959). Embodiments that are patentably distinct from one
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`another do not constitute a single inventive concept and thus maynotbeincluded in the
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`same design application. See /n re Platner, 155 USPQ 222 (Comm'Pat. 1967). The
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`overall ornamental appearanceof the gaming headset with microphone tip and ear
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`cushions as opposed to the gaming headset without microphone tip and ear cushions
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`create(s) patentably distinct designs.
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`Becauseof the differences identified, the embodiments are consideredto either
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`have overall appearancesthat are not basically the same, or if they are basically the
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`same, the differences are not minor and patentably indistinct or are not shown to be
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`obvious in view of analogous prior art.
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`The above embodiments divideinto the following patentably distinct groups of
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`designs:
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`Group |: Embodiment1
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`Group II: Embodiment 2
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`Restriction is required under 35 U.S.C. 121 to one of the patentably distinct
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`groups of designs.
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`

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`Application/Control Number: 29/426,082
`Art Unit: 2912
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`Page 3
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`A reply to this requirement must include an election of a single group for
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`prosecution on the merits, even if this requirementis traversed, 37 CFR 1.143. Any
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`reply that does notinclude election of a single group will be held nonresponsive.
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`Applicant is also requested to direct cancelation of all drawing figures and the
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`corresponding descriptions which are directed to nonelected groups.
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`Should applicant traverse this requirement on the groundsthat the groups are
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`not patentably distinct, applicant should present evidenceor identify such evidence now
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`of record showing the groupsto be obvious variations of one another.
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`If the groups are
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`determined not to be patentably distinct and they remain in this application, any
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`rejection of one group overprior art will apply equally to all other groups. See Ex parte
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`Appeal No. 315-40, 152 USPQ 71 (Bd. App. 1965). No argumentasserting patentability
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`based on the differences between the groups will be considered once the groups have
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`been determined to comprise a single inventive concept.
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`In view of the above requirement, action on the merits is deferred pending
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`compliance with the requirement in accordance with Ex parte Heckman, 135 USPQ 229
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`(P.O. Super. Exam. 1960).
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`Anyinquiry concerning this communication or earlier communications from the
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`examiner should be directed to PAULA GREENE whosetelephone numberis (571)272-
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`2623. The examiner can normally be reached on M,Tu,Th,F from 6:30 to 4:30.
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`If attempts to reach the examinerby telephone are unsuccessful, the examiner's
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`supervisor is Stella Reid. The fax phone numberfor the organization wherethis
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`application or proceeding is assignedis 571-273-8300.
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`

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`Application/Control Number: 29/426,082
`Art Unit: 2912
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`Page 4
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://portal.uspto.gov/external/portal.
`
`Should you have questions on accessto the Private PAIR system, contact the
`
`Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`/Paula A. Greene/
`Primary Examiner
`AU 2912
`
`