Exhibit 2
`
`
`
`In Support of Audio-Technica’s Motion for Summary Determination
`
`
`
`

`
`(12) United States Patent
`Sapiejewski et al.
`
`(10) Patent NO.: US 6,597,792 ~1
`(45) Date of Patent:
`Jul. 22,2003
`
`(54) HEADSET NOISE REDUCING
`
`(75)
`
`Inventors: Roman Sapiejewski, Boston, MA (US);
`Michael J. Monahan, Franklin, MA
`(us]
`
`(73) Assignee: Bose Corporation, Framingham, MA
`( u s )
`
`( * ) Notice:
`
`Subject to any disclaimer, the term of this
`Patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(21) Appl. No.: 091353,425
`Jul. 15, 1999
`
`(22) Filed:
`
`Int. CL7 ......................... GlOK 11/16; H04R 25100
`(51)
`(52) U.S. C1. ........................ 381171.6; 381174; 3811371;
`3811372; 381171.1
`(58) Field of Search ......................... 381174, 71.6, 312,
`3811371, 372; 1811129
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`4,644,581 A * 211987 Sapiejewski ................. 381174
`
`5,182,774 A * 111993 Bourk ....................... 381171.6
`511993 Sapiejewski ................ 3811183
`5,208,868 A
`FOREIGN PATENT DOCUMENTS
`
`0582404 A
`EP
`0688143 A
`EP
`0873040 A
`EP
`* cited by examiner
`
`211994
`1211995
`1011998
`
`W,
`~
`~
`~
`primary ~
`Assistant Examiner4lizabeth McChesney
`(74) Attorney, Agent, or F i r m q i s h & Richardson P.C.
`ABSTRACT
`
`i
`
`~
`
`~
`
`~
`
`q
`
`(57)
`A headset has an earcup with front opening adjacent to an
`annular cushion formed with a plurality of openings facing
`the inside of the earcup that acoustically couples the earcup
`volume to the cushion volume. A driver is seated inside the
`earcup with a microphone adjacent to the driver. Active
`noise reducing circuitry intercouples the driver and micro-
`phone. An acoustic load that may comprise a wire mesh
`resistive cover andlor air mass adjacent the microphone is
`constructed and arranged to reduce the effect of resonances
`in the earcup volume.
`
`6 Claims, 4 Drawing Sheets
`
`/
`
`EAR
`CUSHION
`
`MICROPHONE
`
`...
`
`WIRE MESH-
`RESISTIVE
`COVER
`
`PLATE
`
`I l E
`
`' DRIVER
`
`EAR CUP
`
`

`
`U.S. Patent
`
`J U ~ . 22,2003
`
`Sheet 1 of 4
`
`

`
`U.S. Patent
`
`J U ~ . 22,2003
`
`Sheet 2 of 4
`
`US 6,597,792 BI
`
`

`
`U.S. Patent
`
`J U ~ . 22,2003
`
`Sheet 3 of 4
`
`DRIVER PLATE
`MNT. BOSSES
`
`CABLE ENTRY
`
`FIG. 3
`
`

`
`U.S. Patent
`
`Jul. 22,2003
`
`Sheet 4 of 4
`
`MASS PORT
`01.8 x 8.0 mm
`
`80 x 700 WIRE MESH
`
`FIG. 5
`
`35
`
`

`
`1
`HEADSET NOISE REDUCING
`
`US 6,597,792 B1
`
`The present invention relates in general to headset noise
`reducing and more particularly concerns novel apparatus
`and techniques for actively andlor passively reducing the 5
`noise perceived by the user of a headset.
`
`BACKGROUND OF THE INVENTION
`
`A
`
`For background reference is made to U.S. Pat. Nos.
`5,305,387, 5,208,868, 5,181,252, 4,989,271, 4,922,542,
`4,644,581 and 4,455,675. Reference is also made to the Bose
`active noise-reducing headsets that are or were commer-
`cially available from Bose Corporation that are incorporated
`by reference herein.
`It is an important object of the invention to provide
`improved noise-reducing for headsets.
`
`BRIEF SUMMARY OF THE INVENTION
`
`a
`
`J
`
`BRIEF DESCRIPTION OF THE SEVERAL
`VIEWS OF THE DRAWING
`
`~
`
`~
`
`
`
`the
`
`an
`
`the 5s
`
`2
`tronic circuitry intercouples the microphone and driver 12 to
`provide active noise reduction and exchange audio signals
`through cable 14 for transduction by driver 12 into desired
`sound signal for the wearing user and by the microphone
`into a noise-reducing audio signal.
`Referring also to FIG. lB, cushion 1 5 covers the exposed
`front opening adjacent to the ear of the wearing user and is
`formed with an ear opening 15A for accommodating the ear
`-
`-
`of the wearing user and an annular ridge 16 surrounding ear
`opening 15A that is formed with a plurality of openings,
`such as 16A, through which an annular ring of foam is
`visible that rests against driver 12 when assembled.
`Referring to FIG. 2, there is shown a diagrammatic
`sectional view through an assembled earcup. Driver 12 is
`seated in earcup 11 with driver plate 12Aextending rearward
`from a lip 11Aof earcup 11 to a ridge 11B with microphone
`1 7 closelv adiacent to driver 12 and covered bv wire mesh
`resistive cover 13. Cushion 15 covers the front opening of
`earcup 11 and includes foam 15B.
`According to the invention, there is an earcup closed at 20
`Referring to FIG. 3, there is shown a pictorial perspective
`the back away from the ear of a user and open at the front
`view into earcup 11 with cushion 15, microphone 1 7 and
`adjacent to the ear of the user. There is a driver inside the
`resistive cover 13 removed to illustrate certain
`wire
`earcup. The earcup has a cushion that is seated in the front
`structural details. Earcup 11 is formed with a cable entry 11C
`opening and formed with an ear opening for accommodating
`for accommodating cable 14 for receiving audio signals for
`the ear of the user and an annular ridge surrounding the ear 25 transduction by driver 12 and intercoupling external elec-
`opening formed with a plurality of openings with adjacent
`tronic circuitry with the drive and microphone. Driver plate
`openings typically spaced from each other by of the order of
`12A carries resistive cover holders 21A and 21B for sup-
`the width of an opening measured along the circumference
`porting the wire mesh resistive cover 13. Microphone holder
`22 extends from the rear wall of earcup 11 for supporting
`of the ear opening with each opening having a radial width
`generally perpendicular to the circumference of the ear 30 microphone 17 and encloses air that comprises acoustical
`opening slightly less than the radial width of the annular
`loading. Driver plate mounting bosses 12B and 12C furnish
`ridge. For active noise reduction, there is a microphone
`a means for attaching driver plate 12A to earcup 11. Driver
`12 divides earcup 11 into a front volume typically about 50
`adjacent to the driver coupled to the driver by electronic
`circuitry that furnishes active noise reduction and an acous-
`CC adjacent to the front opening and a rear volume typically
`tical load around the microphone and driver. The acoustic 35 about 15 CC enclosed by the closed end of earcup 11.
`
`load may comprise a resistive mesh screen andlor air in a
`~
`
`~to FIG, 4, there is shown a rear view of earcup f ~ ~ ~ i
`
`
`
`
`tube. other features, objects and advantages will become
`11 showing mass port 11C and resistive port 11D covered by
`apparent from the following detailed description when read
`a ,ire mesh,
`in connection with the accompanying drawings in which:
`40 With reference now to the drawing and more particularly
`FIG. 5 thereof, there is shown a block diagram illustrating
`the logical arrangement of a system incorporating the inven-
`tion corresponding substantially to FIG. 1 of the aforesaid
`'581 patent. A signal combiner 30 algebraically combines
`FIG. 1 A is a perspective view of a headset earcup assem-
`bly embodying the invention with the cushion shown in FIG. 45 the signal desired to be reproduced by the earphone on input
`terminal 24 with a feedback signal provided by microphone
`1B according to the invention removed;
`preamplifier 35. Signal combiner 30 provides the combined
`FIG, 2 is a sectional view of an earcup assembly accord-
`signal to compressor 31 which limits the level of the high
`ing to the invention;
`FIG, 3 is a pictorial perspective view into the earcup
`31 is
`level
`The Output of
`to
`31A.
`31Ainc1udes
`assembly with the microphone and resistive cover plate 50
`circuits to insure that the open loop gain meets the Nyquist
`removed;
`stability criteria, so that the system will not oscillate when
`the loop is closed, The system shown is duplicated once each
`for the left and right ears.
`Power amplifier 31 amplifies the signal from compensator
`31A and energizes earphone driver 2 to provide an acoustical
`that is combined with an outside
`signal in thefront ca;ity
`noise signal that enters the front cavity from a region
`represented as acoustical input terminal 25 to produce a
`With reference now to the drawings and, more
`particularly, FIGS. 1 A and 1B thereof, there is shown a 60 combined acoustic pressure signal in the front cavity repre-
`perspective view of an earcup assembly according to the
`sented as a circle 36 to provide a combined acoustic pressure
`signal applied to and transduced by microphone 7. Micro-
`invention with the perforated cushion of FIG. 1B removed.
`phone amplifier 35 amplifies the transduced signal and
`Earcup 11 is closed at the rear away from the ear of a user
`delivers it to signal combiner 30.
`and supports driver 12 and a closely adjacent microphone
`(not seen in FIG. 1A) that is covered by resistive mesh 65 Having described the structural arrangement of an
`screen 13 typically formed with an opening 13A exposing
`embodiment of the invention, principles of operation will be
`the microphone and comprising an acoustical load. Elec-
`described. A problem in active noise-reducing circumaural
`
`is a perspective view
`earcup; and
`is a
`
`diagram of a 'ystem
`
`invention.
`
`DETAILED DESCRIPTION
`
`

`
`US 6,597,792 B1
`
`4
`
`and further
`
`What is claimed is:
`1. A headset comprising,
`
`3
`headphones arises from earcup resonances causing a rough
`acoustic response that is a function of the head of the user,
`making electronic compensation difficult.
`an earcup having a front opening adapted to be adjacent
`One approach for smoothing the acoustic response is to
`to the ear of the user,
`place damping material, typically highly absorptive foam, 5
`around the walls of the earcup. This approach typically
`a driver inside said earcup,
`requires a significant thickness of foam to provide sufficient
`a cushion around the periphery of said front 'pening
`damping and requires earcups of relatively large volume to
`formed with an ear opening constructed and arranged to
`accommodate the thick foam. Furthermore, the damping of
`accommodate the ear of a user and formed with a
`the highly absorptive foam is a sensitive function of the lo
`physical dimensions of the foam and atmospheric
`plurality of openings around said opening constructed
`conditions, causing inconsistent acoustical response.
`and arranged to acoustically add the volume of said
`Resonance in the earcup may produce instability by
`cushion to the volume of said earcup and enhance
`causing oscillation at certain frequencies that typically limits
`passive attenuation.
`the amount of feedback for active noise reduction. By
`acoustically loading the microphone and driver with the wire l5 2. A headset in accordance with 'laim
`comprising,
`mesh resistive cover 13 andlor the enclosed air, resonances
`are significantly reduced, allowing increased gain in the
`a microphone inside said earcup adjacent to said driver,
`feedback loop and significantly improved active noise
`and
`reduction in an earcup of relatively small volume.
`active noise reducing circuitry intercoupling said micro-
`By forming openings in annular ridge 16 of cushion 15 to 20
`phone and said driver constructed and arranged to
`expose foam material 15B, the effective volume of the
`provide active noise reduction,
`earcup is significantly increased to embrace the volume
`whereby said cushion with said plurality of openings is
`occupied by cushion 15 and thereby increase passive attenu-
`further constructed and arranged to furnish addi-
`ation and provides additional damping to help smooth the
`tional damping to help smooth the audio response at
`audio response at the ear and control stability with the 25
`headset off the head.
`the ear of a user and control stability with the headset
`The invention has a number of advantages. Cup size is
`off the head.
`relatively small, yet there is considerable effective volume
`3. A headset in accordance with claim 2 and further
`with the additional effective volume afforded by cushion 15
`comprising,
`accessed through openings such as 16A. The effect of 30
`an acoustic load in close proximity to said microphone
`resonances inside earcup 11 is significantly reduced with
`constructed and arranged to reduce the effects of reso-
`wire mesh resistive cover 13 andlor the enclosed air, thereby
`nances in said earcup.
`allowing a significant increase in loop gain of the active
`4. A headset in accordance with claim 3 wherein said
`noise reducing system.
`It is evident that those skilled in the art may now make 35 acoustic load comprises a wire mesh resistive cover.
`5. A headset in accordance with claim 4 wherein said wire
`numerous uses and modifications of and departures from the
`mesh resistive cover is formed with an opening near said
`specific apparatus and techniques herein disclosed without
`microphone.
`departing from the inventive concepts. Consequently, the
`6. A headset in accordance with claim 4 wherein said wire
`invention is to be construed as embracing each and every
`novel feature and novel combination of features present in or 40 mesh resistive cover coacts with said driver to substantially
`enclose said microphone.
`possessed by the apparatus and techniques herein disclosed
`and limited solely by the spirit and scope of the appended
`claims.
`
`*
`
`*
`
`*
`
`*
`
`*
`
`
`
`

`
`
`Exhibit 3
`
`
`
`In Support of Audio-Technica’s Motion for Summary Determination
`
`
`
`

`
` UNITED‘ STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Oflice
`Address: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria, Virginia 223 I 3-I450
`www.uSpl0,gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`I0/754,094
`
`OI/08/2004
`
`Roman Sapiejewski
`
`’
`
`012103-353002
`
`7613
`
`'
`75”
`W
`'FISH&RICHARDSONPC
`P.O. BOX 1022
`MINNEAPOLIS, MN 55440-1022
`
`°’”°”°°"
`
`.
`
`ART UNIT
`
`2615
`
`MAIL DATE
`
`02/29/2008
`
`LEE, PING
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL-90A (Rev. 04/07)
`
`

`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/754,094
`
`Examne,
`
`Ping Lee
`
`SAPIEJEWSKI ET AL.
`
`A,., Unit
`
`2615
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE Q 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).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)lZ] Responsive to communication(s) filed on 07 December 2007.
`
`2b)XI This action is non-final.
`2a)l:I This action is FINAL.
`3)l:] 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
`
`4)E| C|aim(s)L is/are pending in the application.
`
`4a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`Application Papers
`
`9)EI The specification is objected to by the Examiner.
`10)I] The drawing(s) filed on ___is/ are: a)I:] accepted or b)I:I objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CF R 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CF R 1.121(d).
`
`11)I:] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)I:l Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)l:l All b)lj Some * c)Ij None of:
`
`Certified copies of the priority documents have been received.
`Certified copies of the priority documents have been received in Application No. __
`
`Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2( )).
`
`‘
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`4) CI Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mall Date. __.
`2) El Notice of Draftsperson's Patent Drawing Review (PTO-948)
`5) I:I N°1i°e Of '"f°""a' Palem Application
`3) I] lnforrnation Disclosure Statement(s) (PTO/SB/O8)
`6) C] Other: ___.
`Paper No(s)/Mail Date
`.
`
`US. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
`
`Part of Paper No./Mail Date 20080219
`
`Office Action Summary
`
`

`
`Application/Control Number:
`10/754,094
`Art Unit: 2615
`
`Page 2
`
`DETAILED ACTION
`
`Information Disclosure Statement
`
`1.
`
`_ The information disclosure statement filed on 12/7/07 fails to comply with 37 CFR
`
`1.98(a)(1), which requires the following: (1) a list of all patents, publications,
`
`applications, or other information submitted for consideration by the Office; (2) U.S.
`
`patents and U.S. patent application publications listed in a section separately from
`
`citations of other documents; (3) the application number of the application in which the
`
`information disclosure statement is being submitted on each page of the list; (4) a
`
`column that provides a blank space next to each document to be considered, for the
`
`examiner’s initials; and (5) a heading that clearly indicates that the list is an information
`
`disclosure statement. The submitted document with pictures of Beyerdynamic cushion
`
`and headphones is not being properly identified. The information disclosure statement
`
`has been placed in the application file, but the information referred to therein has not
`
`been considered.
`
`Claim Objections
`Claim 9 is objected tounder 37 CFR 1I75(c), as being of improper dependent
`
`2.
`
`form for failing to further limit the subject matter of a previous claim. Applicant is
`
`required to cancel the c|aim(s), or amend the c|aim(s) to place the c|aim(s) in proper
`
`dependent form, or rewrite the c|aim(s) in independent form. The limitation as specified
`
`in claim 9 is being wholly incorporated into claim 7.
`
`

`
`Application/Control Number:
`10/754,094
`Art Unit: 2615
`
`Page 3
`-
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`The text of those sections of Title 35, U.S.- Code not included in this action can
`
`be found in a prior Office action.
`
`4.
`
`Claim 1 is rejected under 35 U.S.C. 102(b) as being anticipated by Gorike et al
`
`(hereafter Gorike) (US 4,005,267).
`
`3
`
`Regarding claim 1, Gorike discloses headset comprising, an earcup having a
`
`front opening adapted to be adjacent to the ear of the user (see Fig. 3), a driver inside
`
`said earcup (col. 7, line 1+), a cushion (14) around the periphery of said front opening
`
`formed with an ear opening constructed and arranged to accommodate the ear of a
`
`user and formed with a plurality of openings ("open pores"; col. 7, line 37) around said
`
`opening constructed (although not explicitly shown, the open pores are inherently
`
`located evenly on the cushion; therefore, some of them arenaround the opening; as
`
`shown in Fig. 3, some holes are located facing the passageway between the cushion)
`
`and arranged to acoustically add the volume of said cushion (although not explicitly
`
`A shown, the open pores are in contact with the coupling volume; therefore, the open
`
`pores would inherently add the volume of the cushion to the coupling volume) to the
`
`volume of said earcup and enhance passive attenuation ("a more or less intense
`
`communication between the coupling volume and the outside air"; col. 7, lines 37-39).
`
`In another embodiment, Fig. 11 illustrates a cushion. As" disclosed in col. 9, lines
`28-33, the cushion is made of sound transmitting material, so it would acoustically add
`
`the volume of the cushion to the volume of the earcup and enhance passive
`
`afienuafion.
`
`

`
`Application/Control Number:
`10/754,094
`Art Unit: 2615
`
`.
`
`Page 4
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`6.
`
`Claims 7-11 and 15-17 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Jones (US007103188B1) in view of Olsson (US005913178A).
`
`Regarding claims 7-9, 11 and 15-17, Jones shows a headset comprising, an
`
`earcup having ‘a front opening (see Fig. 2A) adapted to be adjacent to the ear of the
`
`user (See Fig. 1), a driver (22) inside said earcup, a microphone (28) inside said earcup
`
`_ adjacent to said driver (see Fig. 2A), active noise reducing circuitry (abstract)
`
`intercoupling said microphone (28) and said driver (22) constructed and arranged to
`
`provide active noise reduction, a resistive wire cover (26) positioned over the driver (22)
`
`and the microphone (28; col. 8, lines 55-56) coacting with the driver (22) to substantially
`enclose the microphone (28), the resistive cover (26) and the driver (16) defining a
`
`volume with enclosed air and the microphone (18) therebetween, the enclosed air and
`
`the resistive cover forming an acoustic load (although not_exp|icit|y discussed, the
`
`acoustic load is inherently there caused by the grille and the air).
`
`Jones fails to explicitly discuss that the load reduces the effects of resonances in
`
`the earcup. However, Jones clearly teaches that the resistive cover imparts certain
`
`acoustic properties to the sound system to achieve the desired acoustic response.
`
`Jones further teaches that his/her design would greatly improve the stability of the
`
`

`
`Application/Control Number:
`10/754,094
`Art Unit: 2615
`
`Page 5
`
`system.
`
`It was well known to those in the art that the resonance(s) caused instability.
`
`Olsson teaches that a resistive fine-meshed grille of cross—laid thin wires could be used
`
`for reducing resonance (col. 5, lines 20-26). Thus, it would have been obvious to one of
`
`ordinary skill in the art to modify Jones in view of Olsson by selecting the proper grille in
`
`order to reduce the resonance and obtain stability of the system.
`
`Regarding claim 10, although not explicitly shown, the microphone is inherently
`
`positioned between the grille and the speaker by a holder (could be by any means as
`
`long as the microphone is being properly positioned).
`7.‘
`Claims 1 and 2 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Jones in view of Gorike.
`
`Regarding claims 1 and 2, Jones discloses a headset comprising, an earcup
`
`(Fig. 2A) having abfront opening adapted to be adjacent to the ear of the user (Fig. 1),‘ a
`driver (22) inside said earcup, a cushion (3.0) around the periphery of said front opening
`
`formed with an ear opening constructed and arranged to accommodate the ear of a
`user, a microphone (28) inside said earcup adjacent to said driver, and active noise
`
`reducing circuitry (abstract) intercoupling said microphone (28) and said driver (22)
`
`constructed and arranged to provide active noise reduction, whereby said cushion is
`
`further constructed and arranged to furnish additional damping to help smooth the audio
`
`response at the ear of a user and control stability with the headset off the head (col. 5,
`
`lines 10-22).
`
`‘ Jones fails to disclose that the cushion is formed with a plurality of openings
`
`around the opening constructed and arranged to acoustically add the volume of the
`
`

`
`Application/Control Number:
`10/754,094
`Art Unit: 2615
`
`Page 6
`
`cushion to the volume of the earcup and enhance passive attenuation. Gorike teaches
`
`that the cushion material could be selected depending on how much communication’
`
`between the outside air and the coupling volume is preferred (col. 7, lines 33-38). For
`
`example, foam material with open pores would have a plurality of openings around the
`
`opening of the earcup. Depending on the density of the pores, the passive attenuation
`
`could be enhanced. Thus, it would have been obvious to one of ordinary skill in the art
`
`to modify Jones in view of Gorike by selecting cushion material made with open pores in
`
`order to enhance passive attenuation and communication between the outside air and
`
`the coupling volume.
`
`8.
`
`Claims 3-6 are rejected under.35 U.S.C. 103(a) as being unpatentable over
`
`Jones in view of Gorike as applied to claims 1 and 2 above, and further in view of
`
`Olsson.
`
`Regarding ‘claims 3-6, Jones fails to explicitly show that the grille is a wire mesh
`
`resistive cover. However, Jones clearly teaches that the resistive cover imparts certain
`
`acoustic properties to the sound system to achieve the desired acoustic response.
`
`Jones further teaches that his/her design would greatly improve the stability of the
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`system.
`
`It was well known to those in the art that the resonance(s) caused instability.
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`Olsson teaches that a resistive fine—meshed grille of 'cross—laid thin wires could be used
`
`for reducing resonance (col. 5, lines 20-26). Thus, it would have been obvious to one of
`
`ordinary skill in the art to further modify Jones and Gorike in view of Olsson by selecting
`
`the proper grille in order to reduce the resonance and obtain stability of the system.
`
`

`
`Application/Control Number:
`10/754,094
`Art Unit: 2615
`
`I
`
`'
`
`Page 7
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`Response to Arguments
`
`9.
`
`Applicant's arguments filed 12/7/07 have been fully considered but they are not
`
`persuasive.
`
`Applicant argued that examiner used the rejected claim as a blueprint to
`
`reconstruct the claimed invention from the prior art. This is not persuasive. Every '
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`patent examination requires to use applicant's claim(s) as a guide to search for all
`
`relevant prior art. The rejection for claim 1 is 102(b) as the claimed invention is being
`
`anticipated by Gorike. The claimed openings read on the open pores in Gorike, the
`
`claimed “acoustically add the volume of said cushion to the volume of said earcup"
`
`reads on the inherent feature provided the cushion with open pores, the claimed
`
`"enhance passive attenuation” reads on the phrase as disclosed in col. 7, lines 38-39.
`
`App|icant’s case law citations are irrelevant because the rejection is not based on
`
`obviousness, it is based on anticipation.
`
`Applicant further argued that the cushion 14 in Gorike is acoustically isolated
`from the volume of the earcup. This is not convincing. As t36rike clearly indicated that
`
`the cushion is made of open pores, so the cushion is not acoustically isolated from the
`
`earcup. The open pores will provide acoustic connection between the earcup and some
`
`,space inside the cushion. Furthermore, Gorike clearly discloses that depending on the
`
`cushion material, “a more or less intense communication between the coupling volume
`
`and the outside air”.
`
`If the cushion 14 in Gorike is acoustically isolated from the volume
`
`of the earcup as alleged by application, the communication between the coupling
`
`

`
`Application/Control Number:
`10/754,094
`Art Unit: 2615
`
`Page 8
`
`volume and the outside air cannot be modified or adjusted as suggested in Gorike.
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`Therefore, applicant clearly does not understand Gorike as a whole.
`
`App|icant's.arguments with respect to claims 7 and 11 have beenconsidered but
`
`are moot in view of the new ground(s) of rejection.
`
`Any inquiry concerning this communication or earlier communications from the
`10.
`examiner should be directed to Ping Lee whose telephone number is 571-272-7522.
`The examiner can normally be reached on Monday, Wednesday and Friday.
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`supervisor, Vivian C. Chin can be reached on 571-272-7848. The fax phone number for
`the organization where this application or proceeding is assigned is 571-273-8300.
`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://pair-direct.uspto.gov. Should
`you have questions on access to the Private PAIR system, contact the Electronic
`Business Center (EBC) at 866-217-9197 (to||—free). If you would like assistance from a
`USPTO Customer Service Representative or access to the automated information
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`Ing
`
`
`rimary Examiner
`Art Unit 2615
`
`pwl
`
`

`
`
`Exhibit 4
`
`
`
`In Support of Audio-Technica’s Motion for Summary Determination
`
`
`
`

`
`plurality of openings
`
`ear opening
`
`cushion
`
`driver
`
`earcup
`
`cushion
`
`opening
`ear
`
`front opening
`
`earcup
`
`
`
`Bose® QuietComfort® 2 Acoustic Noise Cancelling® headphones
`
`Representative Photographs:
`
`Domestic Industry Claim Chart for U.S. Patent No. 6,597,792
`
`EXHIBIT 9
`
`Claims 1
`
`
`
`
`
`headset is worn by the user.
`enhance passive attenuation when the
`cushion to the volume of the earcup and
`acoustically add the volume of the
`around its inner periphery. The openings
`cover includes a series of openings
`enclosed by a leatherette cover. The
`a cushion having a ring of foam largely
`The Bose QuietComfort Products include
`a driver located inside the earcup.
`The Bose QuietComfort Products include
`worn.
`to the ear of the user when the headset is
`an earcup with a front opening that is next
`The Bose QuietComfort Products include
`headsets.
`The Bose QuietComfort Products are all
`
`attenuation.
`earcup and enhance passive
`cushion to the volume of said
`acoustically add the volume of said
`constructed and arranged to
`of openings around said opening
`of a user and formed with a plurality
`arranged to accommodate the ear
`ear opening constructed and
`said front opening formed with an
`a cushion around the periphery of
`
`a driver inside said earcup,
`
`the user,
`adapted to be adjacent to the ear of
`an earcup having a front opening
`
`1. A headset comprising,
`
`Noise Cancelling® headphones and
`Bose® QuietComfort® 2 Acoustic
`
`Cancelling headphones (the "Bose
`QuietComfort® 3 Acoustic Noise
`
`QuietComfort Products")
`
`

`
`Exhibit 9 to Bose’s First Supplemental Responses to Phitek’s First Set of Interrogatories—Page 2
`
`
`
`figures for additional detail)
`headset off the head (see claim 1
`a user and control stability with the
`smooth the audio response at the ear of
`furnish additional damping to help
`further constructed and arranged to
`Cushion with a plurality of openings
`
`
`
`Microphone
`
`
`
`Circuitry
`Active Noise Reducing
`
`Driver
`
`
`
`
`
`the headset off the head.
`of the user and control stability with
`smooth the audio response at the ear
`furnish additional damping to help
`further constructed and arranged to
`a cushion with a plurality of openings
`Bose QuietComfort Products include
`provide active noise reduction. The
`driver constructed and arranged to
`intercoupling the microphone and
`include active noise reducing circuitry
`Bose QuietComfort Products further
`earcup adjacent to the driver. The
`include a microphone inside the
`The Bose QuietComfort Products
`
`the headset off the head.
`user and control stability with
`audio response at the ear of a
`damping to help smooth the
`arranged to furnish additional
`further constructed and
`with said plurality of openings is
`reduction, whereby said cushion
`arranged to provide active noise
`and said driver constructed and
`intercoupling said microphone
`active noise reducing circuitry
`adjacent to said driver, and
`a microphone inside said earcup
`claim 1 and further comprising,
`2. A headset in accordance with
`
`
`
`

`
`
`Exhibit 5
`
`
`
`In Support of Audio-Technica’s Motion for Summary Determination
`
`
`
`

`
`
`
`
`
`
`
`Headset
`
`The ATH is a headset.
`
`
`
`Audio Technica QuietPoint™ ATH-ANC7 Active Noise Cancelling
`
`Representative Photographs