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 .
DETAILED ACTION
This is in response to Applicants Request for Continued Examination filed 11/26/25 which has been entered. Claims 1, 4, 16, and 18 have been amended. Claims 5 and 17 have been cancelled. Claims 21-22 have been added. Claims 1-4, 6-16, and 18-22 are still pending in this application, with Claim 1 being independent.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Vibration Sensor with Elastic Element on Peripheral Side of Mass Element.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12490006 in view of Miller et al. US Publication No. 7840020.
Instant App
Pat ‘006
1. A vibration sensor, comprising: a housing structure and an acoustic transducer,
1. A vibration sensor, comprising: a vibration receiver including a housing and an acoustic transducer
wherein the acoustic transducer is physically connected to the housing structure, a first acoustic cavity is formed at least partially by the housing structure and the acoustic transducer; and
the housing forming an acoustic cavity, an acoustic transducer acoustically connected to the first acoustic cavity,
a vibration unit, wherein the vibration unit is located in the first acoustic cavity, and
a vibration unit, the vibration unit being located in the acoustic cavity and
separates the first acoustic cavity into a second acoustic cavity and a third acoustic cavity,
dividing the acoustic cavity into a first acoustic cavity and a second acoustic cavity;
the second acoustic cavity is in acoustic communication with the acoustic transducer;
an acoustic transducer acoustically connected to the first acoustic cavity, wherein:
the vibrating unit includes a mass element and an elastic element
the vibrating unit includes a mass element and an elastic element
wherein the housing structure is configured to vibrate based on an external vibration signal, the vibration unit changes a volume of the second acoustic cavity in response to the vibration of the housing structure, and the acoustic transducer generates an electrical signal based on the volume change of the second acoustic cavity; and
the housing is configured to generate vibration based on an external vibration signal, the vibration unit vibrating in response to the vibration of the housing and transmitting, through the first acoustic cavity, the vibration to the acoustic transducer to generate an electrical signal,
the elastic element is located on a peripheral side of the mass element, and an inner side of the elastic element is connected to the mass element, the peripheral side of the mass element represents a side of the mass element that is set around an axial direction, the axial direction refers to an vibration direction of the mass element relative to the housing structure, the elastic element is in a form of a ring, and the inner side of the elastic element is a side of the elastic element that is away from the housing structure in a direction perpendicular to the axial direction
5. the elastic element is connected around a sidewall of the mass element, the sidewall of the mass element being parallel to the vibration direction of the mass element
a deviation between cross-sectional areas of the mass element and the first acoustic cavity perpendicular to a vibration direction of the mass element being less than 25%; and a sensitivity of the vibration sensor is proportional to: a ratio of an air pressure change of the first acoustic cavity to an initial air pressure of the first acoustic cavity, or a ratio of a volume change of the first acoustic cavity to an initial volume of the acoustic cavity, or a ratio of a product of a vibration amplitude of the mass element and the cross-sectional area of the first acoustic cavity perpendicular to the vibration direction of the mass element to an initial volume of the first acoustic cavity, wherein by setting at least one of the initial volume of the first acoustic cavity, the cross-sectional area of the first acoustic cavity perpendicular to the vibration direction of the mass element, and a resonant frequency of the vibration sensor, the sensitivity of the vibration sensor is greater than a threshold.
However, claim 5 of Pat ‘006 does not teach the resonance frequency, but Miller et al. teaches the vibration unit acts on the second acoustic cavity so that a resonance frequency of the vibration sensor is 800 Hz-8000 Hz (Column 18, Lines 11-12: “acoustic resonance to be placed at 2-4 kHz”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a resonant frequency between 2-4kHz, as taught in Miller et al., in claim 5 of Pat ‘006 because it allows for “increasing gain in that segment of the speech band where most speech information is contained.”
Regarding the above double patenting rejections, one of ordinary skill in the art would find similar mappings between claims 3 and 20 of the instant application and claim 5 of patent '006 in view of Miller et al., however, the mappings have been omitted for the sake of brevity.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6, 9, and 12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 has the elastic element attached to a peripheral sidewall of the mass, as in Figs. 6 and 7 of the Applicant’s Drawings. However, claims 6 and 9 state that the elastic element is attached to sides of the mass that face towards or away from the transducer, which are more akin to Figs. 5 and 12. There is nothing in the original disclosure to show the inventors had possession of an embodiment where the elastic element is simultaneously on the sidewall and on the top or bottom wall of the mass. And claim 12 states that the elastic element is planar, as seen in Fig. 9. There is also nothing in the original disclosure to show the inventors had possession of an embodiment where the elastic element is simultaneously on the sidewall and planarly along the bottom wall of the mass.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-4, 8, 12-16, 18, and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. Chinese Publication No. 208434106 (from IDS) in view of Mogelin et al. US Publication No. 20180058915 and Miller et al. US Publication No. 7840020.
Referring to claim 1, Li et al. teaches a vibration sensor (Page 1: “A kind of vibration component and vibrating sensor for vibrating sensor”), comprising: a housing structure (Fig. 5: upper casing 4 with bearing part 1, lower casing 6 and circuit board 5 form housing) and an acoustic transducer (Fig. 5: microphone 9), wherein the acoustic transducer is physically connected to the housing structure (Fig. 5: microphone 9 physically connected to circuit board 5), a first acoustic cavity is formed at least partially by the housing structure and the acoustic transducer (Fig. 1: cavity 7 formed by upper casing 4, circuit board 5, and microphone 9); and a vibration unit, wherein the vibration unit is located in the first acoustic cavity, and separates the first acoustic cavity into a second acoustic cavity and a third acoustic cavity (Fig. 5: mass block 3/interconnecting piece 21 separate cavity 7 into upper and lower cavities) the second acoustic cavity is in acoustic communication with the acoustic transducer (Fig. 5: lower cavity of cavity 7 in acoustic communication with microphone 9), the vibration unit includes a mass element (Fig. 5: mass block 3) and an elastic element (Fig. 1: interconnecting piece 21; Page 5: “The amplitude that vibration section 22 can be increased by the interconnecting piece 21” – Examiner notes that the piece 21 increasing vibration amplitude means that the piece 21 is elastic in nature), wherein the housing structure is configured to vibrate based on an external vibration signal, the vibration unit changes a volume of the second acoustic cavity in response to the vibration of the housing structure, and the acoustic transducer generates an electrical signal based on the volume change of the second acoustic cavity (Page 6: “When needing using vibrating sensor, in the outside inputted vibration signal of shell, 3 quilt of vibrating diaphragm 2 and mass block Vibration signal excitation, mass block 3 and vibrating diaphragm 2 generate vibration, so that the gas in inner cavity generates vibration, so that the air pressure of inner cavity Variation is generated, microphone 9 senses the vibration of gas, and the information sensed is converted into electric signal.”).
However, Li et al. does not specify the elastic element on a peripheral side of the mass element as defined by the claims, but Mogelin et al. teaches the elastic element is located on a peripheral side of the mass element, and an inner side of the elastic element is connected to the mass element, the peripheral side of the mass element represents a side of the mass element that is set around an axial direction, the axial direction refers to an vibration direction of the mass element relative to the housing structure, the elastic element is in a form of a ring, and the inner side of the elastic element is a side of the elastic element that is away from the housing structure in a direction perpendicular to the axial direction (Fig. 1: suspension member 103 on peripheral side of mass 101 and an inner side of suspension member 103, which is away from housing, is connected to mass 101; Examiner notes that when the suspension member 103 setup of Mogelin et al. is applied to Li et al, by attaching the suspension to the peripheral sidewall of the mass of Li et al., the suspension will be in the form of a ring, as Fig. 3 of Li et al. shows a ring-like set-up of connecting part 21). Both Li et al. and Mogelin teach elastic members, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute in the elastic member placement to the side of the mass, as taught in Mogelin et al., for the underneath placement, as taught in Li et al., because both elastic setups suspend the mass block and allow for appropriate vibration to occur.
However, Li et al. and Mogelin et al. do not specify resonant frequency, but Miller et al. teaches the vibration unit acts on the second acoustic cavity so that a resonance frequency of the vibration sensor is 800 Hz-8000 Hz (Column 18, Lines 11-12: “acoustic resonance to be placed at 2-4 kHz”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a resonant frequency between 2-4kHz, as taught in Miller et al., in the sensor of Li et al. and Mogelin et al. because it allows for “increasing gain in that segment of the speech band where most speech information is contained.”
Referring to claim 3, Li et al. teaches the mass element is connected to the housing structure or the acoustic transducer through the elastic element (Fig. 5: mass block 3 connected to upper casing 4/bearing part 1 via interconnecting piece 21).
Referring to claim 4, Mogelin et al. teaches an elastic strength of the elastic element is 10 N/m-2000 N/m or a mass of the mass element is 0.001 g-1 g (para 0042). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a mass between .001g and 1g, as taught in Mogelin et al., in the sensor of Li et al., Mogelin et al., and Miller et al. because it helps to “provide sufficient pressure variations”.
Referring to claim 8, Li et al. teaches the vibration sensor further comprises a circuit board configured to receive and deliver the electrical signal output by the acoustic transducer; wherein the circuit board is located on a side of the acoustic transducer opposite to the mass element (Fig. 5: circuit board 5 located on side of microphone 9 opposite to mass block 3).
Referring to claim 12, Li et al. teaches the elastic element is a planar structure, the elastic element is located on a side of the mass element facing the acoustic transducer, the elastic element is connected to the housing structure, and a side surface of the mass element facing the acoustic transducer is connected with the elastic element (Figs. 1-2, 5: vibration part 22 is planar and located on side of mass block 3 facing microphone 9, interconnecting part 21 connected to upper casing 4, side surface of mass block 3 facing microphone 9 connected with vibration part 22).
Referring to claim 13, Li et al. teaches an outer side of the elastic element is connected to the housing structure (Fig. 5: an outer side of interconnecting piece 21 is connected to upper casing 4/ bearing part 1).
Referring to claim 14, Li et al. teaches an end of the elastic element is connected to the housing structure or the acoustic transducer (Fig. 5: an end of interconnecting piece 21 is connected to upper casing 4/ bearing part 1).
Referring to claim 15, Li et al. teaches a cross-sectional shape of the elastic element is a rectangle, a trapezoid, a parallelogram, an arc, or a wave (Fig. 5: cross-sectional shape of interconnecting piece 21 is wave shaped).
Referring to claim 16, Mogelin et al. teaches at least one first pressure relief hole is provided on the mass element, and the at least one first pressure relief hole penetrates through the mass element or the elastic element is provided with at least one second pressure relief hole, and the at least one second pressure relief hole penetrates through the elastic element (Fig. 9: opening 907 in mass 905 and opening 908 in suspension member 906). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a hole in the mass and/or elastic element, as taught in Mogelin et al., in the sensor of Li et al., Mogelin et al., and Miller et al. because it provides air to pass through for venting.
Referring to claim 18, Li et al. teaches a cross-sectional area of the mass element is larger than a cross-sectional area of the acoustic transducer and the cross-sectional area refers to an area of a section perpendicular to the axial direction (Fig. 5: a cross-sectional area of mass block 3 is larger than a cross-sectional area of microphone 9).
Referring to claim 20, Miller et al. teaches the vibration unit acts on the second acoustic cavity so that a resonance frequency of the vibration sensor is 1500 Hz-3000 Hz (Column 18, Lines 11-12: “acoustic resonance to be placed at 2-4 kHz”). Motivation to combine is the same as in claim 1.
Referring to claim 21, Li et al. teaches the elastic element is a structure of a cylinder, the elastic element is distributed around a central axis of the mass element, and the central axis is an axis passing through a center of the mass element (Figs. 1,3: interconnecting piece 21 is a cylinder and distributed around a central axis of mass block 3 – Examiner notes that when the interconnecting piece 21 is only attached to the sidewall of mass block, as in Mogelin et al., the interconnecting piece will form a hollow cylinder because there will be no center section under the mass block).
Referring to claim 22, Li et al. teaches the outer side of the elastic element is connected to a sidewall of the housing structure, and the outer side of the elastic element is a side of the elastic element that is closest to the housing structure in the direction perpendicular to the axial direction (Fig. 5: outer side of interconnecting piece connected to sidewall of upper casing 4).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., Mogelin et al., and Miller et al., as shown in claim 1 above, and further in view of Schultz et al. US Publication No. 20210127191.
Referring to claim 2, Li et al teaches the vibration unit, the housing structure, and the acoustic transducer form a resonant system (Fig. 5: mass block 3/interconnecting part 21, upper casing 4, lower casing 6 and circuit board 5, and microphone 9 all form resonant system). However, Li et al., Mogelin et al., and Miller et al. do not specify a q factor, but Schultz et al. teaches a quality factor of the resonant system is 0.7-10 (para 0034). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Q factor between .7 and 10, as taught in Schultz et al., in the sensor of Li et al., Mogelin et al., and Miller et al. because it helps to “emphasize speech”.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., Mogelin et al., and Miller et al., as shown in claims 1 and 3 above, and further in view of Qiu et al. Chinese Publication No. 211930820 (from IDS).
Referring to claim 6, Li et al., Mogelin et al., and Miller et al. do not teach the elastic element on a side of the mass away from the transducer, but Qiu et al. teaches the elastic element is located on a side of the mass element away from the acoustic transducer, one end of the elastic element is connected to the housing structure, the other end of the elastic element is connected to the mass element (Fig. 1: buffer springs 60 located on side of mass block 40 away from microphone chip 22 with one end of buffer spring 60 connected to housing 10 and another end connected to mass block 40). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the further springs of Qiu et al. in the sensor of Li et al., Mogelin et al., and Miller et al. because they can “effectively prevent the excessive vibration” and “ensure the reliability of the vibration sensor”.
Referring to claim 9, Li et al., Mogelin et al., and Miller et al. do not teach the elastic element on a side of the mass facing the transducer and connected to the transducer, but Qiu et al. teaches the elastic element is located on a side of the mass element facing the acoustic transducer, one end of the elastic element is connected to the mass element, and the other end of the elastic element is connected to the acoustic transducer (Fig. 1: buffer springs 50 located on side of mass block 40 facing microphone chip 22 with one end of buffer springs 50 connected to mass block 40 and another end connected to substrate 21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the further springs of Qiu et al. in the sensor of Li et al., Mogelin et al., and Miller et al. because they can “effectively prevent the excessive vibration” and “ensure the reliability of the vibration sensor”.
Claim(s) 7 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., Mogelin et al., and Miller et al., as shown in claims 1 and 3 above, and further in view of Fang et al. Chinese Publication No. 111556419 (from IDS).
Referring to claim 7, Li et al., Mogelin et al., and Miller et al. do not teach mass protrusions, but Fang et al. teaches a first protrusion is disposed on the side of the mass element away from the acoustic transducer (Fig. 2: adjusting body 133 forms protrusion on 134 away from sensor chip 22). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use mass protrusions, as taught in Fang et al., in the sensor of Li et al., Mogelin et al., and Miller et al. because “the mass can be increased without changing or substantially changing the size of the sensor, thereby facilitating the improvement of the sensitivity of the sensor and simultaneously, the space utilization rate can be improved.”
Referring to claim 10, Li et al., Mogelin et al., and Miller et al. do not teach mass protrusions, but Fang et al. teaches the side of the mass element facing the acoustic transducer is provided with a second protrusion (Fig. 2: adjusting body 132 forms protrusion on side of 134 facing sensor chip 22). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use mass protrusions, as taught in Fang et al., in the sensor of Li et al., Mogelin et al., and Miller et al. because “the mass can be increased without changing or substantially changing the size of the sensor, thereby facilitating the improvement of the sensitivity of the sensor and simultaneously, the space utilization rate can be improved.”
Referring to claim 11, Li et al., Mogelin et al., and Miller et al. do not teach mass protrusions, but Fang et al. teaches a side of the mass element facing the acoustic transducer is provided with a third protrusion, and the third protrusion at least partially protrudes into the acoustic transducer, and is opposite to a position of a diaphragm of the acoustic transducer (Fig. 2: adjusting body 132 forms protrusion on 134 facing sensor chip 22 and protrudes into front cavity 221 of sensor chip 22 and is opposite to diaphragm of sensor chip 22). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use mass protrusions, as taught in Fang et al., in the sensor of Li et al., Mogelin et al., and Miller et al. because “the mass can be increased without changing or substantially changing the size of the sensor, thereby facilitating the improvement of the sensitivity of the sensor and simultaneously, the space utilization rate can be improved.”
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., Mogelin et al., and Miller et al., as shown in claims 1 and 3 above, and further in view of Xu et al. Chinese Publication No. 113280907.
Referring to claim 19, Li et al., Mogelin et al., and Miller et al. do not specify distances, but Xu et al. teaches a gap distance between the elastic element and the housing structure and a gap distance between the elastic element and the acoustic transducer are less than or equal to 0.1mm (page 3: “the distance h between the vibration assembly and the back pole is: h is more than or equal to 0.001mm and less than or equal to 1 mm” – Examiner notes if the distance h is .001mm to .1mm, then the distance between an end of diaphragm 31 and the housing 10 will be less than that, which will be less than or equal to .1mm, as claimed, because the distance shown in Fig. 2 between the diaphragm 31 and the housing 10 is noticeably less than distance h). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the use a distance between .001 and .1 mm, as taught in Xu et al., in the sensor of Li et al., Mogelin et al., and Miller et al. because it helps to prevent the loss of vibration energy.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Examiner respectfully requests, in response to this Office Action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line number(s) in the specification and/or drawing figure(s). This will assist Examiner in prosecuting the application.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections. See 37 CFR 1.111(c).
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/KATHERINE A FALEY/Primary Examiner, Art Unit 2693