DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim 1 is pending and examined below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase "transducer module" renders the claim indefinite because it is unclear what structural properties or material characteristics are required to define a “module”.
Regarding claim 1, the phrase "speaker module" renders the claim indefinite because it is unclear what structural properties or material characteristics are required to define a “module”.
Claim 1 recites the limitation "the oral cavity" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al (US 2014/0358551 A1).
Regarding claim 1, a voice generation system (abstract) comprising: a housing (Fig. 2: tube (2), paragraph 0023) comprising a first opening and a second opening (Fig. 2: first end opening at the tracheostomy (901) and a second end opening at the vent holes (225), paragraph 0024), the housing defining an air passage between the first opening and the second opening (Fig. 2: first space (201), paragraph 0024); a moveable member located within the housing (Figs. 8-9: artificial glottis (20), paragraphs 0024, 0046) and configured to vibrate in response to air flowing in the air passage (Figs. 8-9: the artificial glottis (20) is capable of moving/vibrating in response to the air flow, paragraphs 0005, 0024, and 0046; also see MPEP 2114(II)); a transducer module configured to convert vibrations of the moveable member into an electrical signal (Fig. 8: voice parameter acquiring device (4) is an acoustoelectric transducer, paragraph 00499; also see MPEP 2114(II)); and a speaker module configured to convert the electrical signal into sound and to output sound into the oral cavity of a user (Fig. 10: sound generator (7), paragraphs 0036 and 0063; also see MPEP 2114(II)); wherein, the voice generation system is configured such that during use, the air pressure at or near the second opening corresponds to an air pressure in the oral cavity of the user (though not explicitly disclosed, Liu et al disclose pressure sensors (paragraphs 0027-0029), which are capable of opening or closing valves within the device in response to the users air pressure in order to have a similar output air pressure compared to the input air pressure of the user, paragraph 0040; also see MPEP 2114(II)),
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE H TREVINO III whose telephone number is (703)756-4678. The examiner can normally be reached Monday - Friday: 9-6 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerrah Edwards can be reached at (408) 918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.H.T./Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774
Prosecution Insights