`
`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
`
`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
`
`03/07/2013
`
`NEAL, GERBER. & EISENBERG
`SUITE 1700
`2 NORTH LASALLE STREET
`CHICAGO,IL 60602
`
`GREENE, PAULA ALLEN
`
`2912
`
`PAPER NUMBER
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`
`
`NOTIFICATION DATE
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`DELIVERY MODE
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`03/07/2013
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`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 2MONTH(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) Responsive to communication(s)filed on 26 February 2013.
`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)X] Since this 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)
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`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)X] Claim(s) ___ is/are objected to.
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`9)L] 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 29 June 2012 is/are: a)[X] 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).
`
`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:
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`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) Cc Notice of References Cited (PTO-892)
`
`2) X Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 2/26/2073.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 09-12)
`
`3) | Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4) Cc] Other:
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20130301
`
`

`

`Application/Control Number: 29/426,082
`Art Unit: 2912
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`Page 2
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`It is noted that the elected claimed design is the drawing of Figures 1 through 7.
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`This application incorporates by reference U.S. Design Patent Application 29410585
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`filed 1/9/2012. All the material from the U.S. Design Patent Application whichis
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`essential to the claimed design is included in this application. Amendments of the claim
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`may be based on the contentof the incorporated material. Howeverwith or without a
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`specific amendment,it is understood that any material in the U.S. Design Patent
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`Application which is not presentin this application forms no part of the claimed design.
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`Reference to this design application as a continuation-in-part under 35 U.S.C.
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`120 is acknowledged. However, unlessthe filing date of the earlier application is
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`actually needed, such as to avoid intervening prior art, the entitlement to priority in this
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`CIP application will not be considered. See /n re Corba, 212 USPQ 825 (Comm’r Pat.
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`1981).
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`Itis noted that the Information Disclosure Statement filed 2/26/2013 has been
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`reviewed.
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`Objection is madeto the drawing as improper. The drawing and corresponding
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`figure descriptions of Figures 8 through 14 must be canceled. Also, a question is made
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`to the drawing. Is the opposite interior of the ear cup in Figure 1 a mirror image? In
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`other wordsis the opposite of the interior ear cup the same asFig. 1? If the opposite
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`interior of the ear cup is a mirror image, a statementin the specification is required. If
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`the opposite interior of the ear cup is not part of the claimed design, a statementin the
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`specification is required. Correction is required.
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`Forclarity the description(s) of Fig(s) 1 may be amendedto read:
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`

`

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`part of the claimed design.
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`
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`988 (CCPA 1980). Therefore,
`the determination of patentability
`
`
`In re Zahn, 617 F.2d 261, 204 USPQ
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`Application/Control Number: 29/426,082
`Art Unit: 2912
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`Page 3
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`Fig. 1
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`is a perspective view of a gaming headset showing our new design, the
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`front face of the opposite ear cup is a mirror image;
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`The opposite front
`face of the gaming headset ear cup is
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`not shown in the drawing or described in the specification.
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`It
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`
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`is understood that the appearance of any part of the article not
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`
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`shown in the drawing or described in the specification forms no
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`is based on the design for the article shown and described.
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`The claimed design is patentable over the references cited, howevera final
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`determination of patentability will be made upon correction to the specification.
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`This application is in condition for allowance exceptfor the following formal
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`matters: the correction to the specification must be made.
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`Prosecution on the merits is closed in accordance with the practice under Ex
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`parte Quayle, 25 USPQ 74, 453 O.G. 213, (Comm’r Pat. 1935).
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`A shortened statutory period for reply to this action is set to expire TWO
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`MONTHS from the mailing date of this letter.
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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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`

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`Application/Control Number: 29/426,082
`Art Unit: 2912
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`Page 4
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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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`Information regarding the status of an application may be obtained from the
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`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
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`Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`/Paula A. Greene/
`Primary Examiner
`AU 2912
`
`