Prosecution Insights
Last updated: August 16, 2026
Application No. 18/322,116

ACOUSTIC DEVICE

Non-Final OA §103
Filed
May 23, 2023
Priority
May 31, 2022 — JP 2022-088410
Examiner
LIEBGOTT, TYLER MICHAEL
Art Unit
2694
Tech Center
2600 — Communications
Assignee
TDK Corporation
OA Round
4 (Non-Final)
73%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
19 granted / 26 resolved
+11.1% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
55
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
28.4%
-11.6% vs TC avg
§112
20.6%
-19.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/03/2026 is being considered by the examiner. Response to Amendment In response to the non-final office action dated 12/12/2025, applicant has added claim 12. Claims 1-5, 7-8 and 10-12 are currently pending in this application. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-5, 7-8 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US Pub No. 2022/0386021, hereinafter Zhang) in view of Jacobs et al (US Patent No. 10869120, hereinafter Jacob). Regarding claim 1, Zhang teaches an acoustic device (Fig 8, acoustic output device 800) comprising: a first vibrating body having a first vibration frequency (Fig 8 & ¶ [0022], air conduction speaker 840 having mid-low frequency); a second vibrating body having a second vibration frequency (Fig 8 & ¶ [0022], bone conduction speaker 830 having a wider frequency range than air conduction speaker 840); and a base material having a disposition surface on which the second vibrating body is disposed (Fig 8, housing 810 having bottom section on which bone conduction speaker 830 is disposed), wherein in a plan view of the base material, the first vibrating body and the second vibrating body are arranged in an in-plane direction of the disposition surface (Fig 8, bone conduction speaker 830 and air conduction speaker 840 in-plane), the base material includes a sound hole for extracting an output of the first vibrating body (Fig 8 & ¶ [0119], decompression hole 812 used to balance pressure for air conduction speaker 840) and an output of the second vibrating body (Fig 8, based on location of decompression hole 812 vibrational noise from bone conduction speaker 830 would travel through the decompression hole), in a plan view of the base material, the second vibrating body is between the first vibrating body and the sound hole (Fig 8, bone conduction speaker 830 (second vibrating body) between decompression hole 812 and air conduction speaker 840 (first vibrating body))s the first vibrating body includes a first drive unit and a first vibrating plate ( Fig 5B & ¶ [0093], air conduction speaker 500 having diaphragm 551 and driver 552), the second vibrating body includes a second drive unit and a second vibrating plate (Fig 5A & ¶ [0091], vibrating assembly 510 having magnetic circuit system 511 and vibrating plate 512), a first disposition direction formed by the first drive unit and the first vibrating plate in the first vibrating body and a second disposition direction formed by the second drive unit and the second vibrating plate in the second vibrating body are oriented to face in opposite directions (Fig 8 & ¶ [0117], air conduction speaker 840 diaphragm facing upward and bone conduction speaker 830 transferring acoustic waves through bottom of housing 810), and the first vibrating body is at one end of the base material (Fig 8, air conduction speaker 840 on right side of housing 810) and the sound hole for extracting the output of the first vibrating body and the output of the second vibrating body is at another end of the base material (Fig 8, decompression hole 812 and bone conduction speaker 830 on left side of housing 810). Zhang does not explicitly teach a sound hole perpendicular to the base material. Jacobs teaches a sound hole perpendicular to the base material (See Jacobs Fig 4, positive vent 450). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the vent positioning taught by Jacobs with the acoustic device taught by Zhang. In Zhang ¶ [0119] an embodiment is discussed where a sound hole can be placed perpendicular to the bottom surface of housing 810 therefore it would be obvious that the sound hole position of Zhang can be modified in the same way taught by Jacobs. Doing so allows for optimized directional control of the output acoustic waves providing better sound quality to the user. Regarding claim 2, Zhang in view of Jacobs teaches the acoustic device according to claim 1, wherein the first vibrating body and the second vibrating body are vibrating bodies of different vibration types (Fig 8 & ¶ [0119], bone conduction speaker 830 and air conduction speaker 840). Regarding claim 3, Zhang in view of Jacobs teaches the acoustic device according to claim 2, wherein the first vibrating body is composed of a voice coil-type vibrating body (Fig 5B & ¶ [0003], conventional speakers utilize voice coils to produce sound such as speaker 570). Regarding claim 4, Zhang in view of Jacobs teaches the acoustic device according to claim 2, wherein the second vibrating body includes a piezoelectric element (¶ [0091], bone conduction speaker 500 can be a piezoelectric type). Regarding claim 5, Zhang in view of Jacobs teaches the acoustic device according to claim 4. Zhang in view of Jacobs does not explicitly teach wherein the second vibrating body includes a wiring member electrically connected to the piezoelectric element, and the wiring member is led out from the second vibrating body toward the first vibrating body. It would have been prima facie obvious to one of ordinary skill in the art to include a wiring element with the acoustic device taught by Zhang in view of Jacobs. Zhang ¶ [0091] discusses using electrical control signals to create mechanical vibrations within bone conduction speaker 500, this requires wiring to transmit the electrical control signals to the bone conduction speaker actuator from the signal processing module as shown in figures 3A-B. Based on design, the wires from each speaker would run in the same direction toward the location of the signal processing module. Regarding claim 7, Zhang in view of Jacobs teaches the acoustic device according to claim 1, wherein the second vibrating plate is the base material (¶ [0117], bone conduction speaker 830 sending mechanical vibrations to the user through bottom wall of housing 810). Regarding claim 8, Zhang in view of Jacobs teaches the acoustic device according to claim 7, wherein the first vibrating plate is fixed to the base material (Fig 8, air conduction speaker 840 fixed to housing 810). Regarding claim 10, Zhang in view of Jacobs teaches the acoustic device according to claim 1, further comprising: a housing having an internal space (Fig 8, housing 810 having internal space), wherein the base material constitutes a wall portion of the housing such that the first vibrating body and the second vibrating body face the internal space (Fig 8, bottom wall of housing 810 with bone conduction speaker 830 and air conduction speaker 840 facing internal space). Regarding claim 11, Zhang in view of Jacobs teaches the acoustic device according to claim 1, wherein the first drive unit and the first vibrating plate are a pair (Fig 5B, air conduction speaker 550), and the second drive unit and the second vibrating plate are a pair (Fig 5A, bone conduction speaker 500). Regarding claim 12, Zhang in view of Jacobs teaches the acoustic device according to claim 1, wherein the second vibrating body is away from the sound hole as seen in the plan view of the base material (See Zhang Fig 12, bone conduction speaker 1220 positioned away from decompression hole 1213), and the second vibrating body and the sound hole are inward of, and do not overlap with, an outer edge of the base material (See Zhang Fig 8 & ¶ [0119], bone conduction speaker 830 does not overlap with outer edge of the bottom of housing 810 and as discussed in claim 1, Zhang discusses a perpendicular sound hole which by design would require it to be inward of an outer edge of housing 810). Response to Arguments Applicant’s arguments with respect to claim(s) 1-5, 7-8 and 10-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER LIEBGOTT whose telephone number is (703)756-1818. The examiner can normally be reached Mon-Fri 10-6:30 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, Fan Tsang can be reached at (571)272-7547. 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. /T.M.L./Examiner, Art Unit 2694 /FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694
Read full office action

Prosecution Timeline

Show 1 earlier event
Feb 12, 2025
Non-Final Rejection mailed — §103
Apr 30, 2025
Response Filed
May 21, 2025
Final Rejection mailed — §103
Aug 19, 2025
Request for Continued Examination
Aug 27, 2025
Response after Non-Final Action
Dec 12, 2025
Non-Final Rejection mailed — §103
Mar 04, 2026
Response Filed
Apr 29, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
73%
Grant Probability
80%
With Interview (+7.2%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 26 resolved cases by this examiner. Grant probability derived from career allowance rate.

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