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 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.
Claims 1-10 are 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 pre-AIA the applicant regards as the invention.
Claim 1, line 6 recites "means of connecting portions”. It is unclear whether these connecting portions are the same as the connecting portions recited earlier in line 3. For the purpose of examination, claim 1, line 6 reads on "the connecting portions". Dependent claims fall herewith.
Claim 1, line 16 recites "the respective connecting groove". This term does not have proper antecedent basis. For the purpose of examination, claim 1, line 16 reads on "each connecting groove". Dependent claims fall herewith.
Claim 1, line 18 recites "the connecting areas". This term is not previously used and does not have proper antecedent basis, making it unclear what element is being referenced. For the purpose of examination, claim 1, line 18 reads on "connecting areas". Dependent claims fall herewith.
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 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.
Claims 1-4 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng (US PG Pub 2021/0136497).
Regarding claim 1, Cheng teaches a diaphragm manufacturing method (paras. 0021, 0029, 0036, and other citations below), comprising steps of:
a) providing a base (40 in Figs. 1, 3, and 8), the base is assembled from a main body portion (as shown in Fig. 3), an external portion (outer wall of 40), and connecting portions (wall portions of 40), wherein the center of the main body portion is provided with a through hole (as shown in Figs. 3); the external portion is configured on the periphery of the main body portion (as shown in Figs. 3 and 8), and is mutually joined thereto by means of connecting portions (as shown in Fig. 3); connecting grooves that afford passage to the through hole (45 in Figs. 3 or 8 and paras. 0035 or 0038) are formed on the external portion and the connecting portions (as shown in Fig. 8);
b) providing a membrane (50 in Fig. 3 and para. 0032), the membrane is fitted at a central location of the through hole (as shown in Fig. 3), and forms an interspace in the main body portion (as shown in Fig. 1, 3);
c) providing a molding step (paras. 0021, 0029, 0036), the molding step comprises molding a suspending edge between the main body portion and the membrane (60 in para. 0036 and Fig. 3), the suspending edge connects the main body portion and the membrane (per para. 0036 and as shown in Fig. 1), and the suspending edge is formed with extended portions that correspondingly extend into the respective connecting groove (extended portions 62 in paras. 0035-0036 and 0038 and as shown in Fig. 3); and
d) providing a cutting step (para. 0036), the cutting step comprises a cutting operation carried out on connecting areas between the main body portion and the connecting portions (para. 0036 and as shown in Fig. 3), concurrently cutting the connecting portions and the extended portions (para. 0036); the diaphragm is thereby formed from the main body portion, the membrane, and the suspending edge (as shown in Fig. 1).
Regarding claim 2, Cheng teaches the suspending edge (60 in Fig. 3) further comprises a first joining portion that connects to the membrane (first joining portion 61), a second joining portion that connects to the main body portion (second joining portion 43 as shown in Fig. 3), and an elastic portion positioned between the first joining portion and the second joining portion (drum portion 63 in para. 0035 which is elastic since it is made from silica gel per para. 0036; see also Fig. 3); moreover, the elastic portion is positioned in the interspace (as shown in Fig. 3).
Regarding claim 3, Cheng teaches the extended portions are formed to extend from the second joining portion into the corresponding connecting groove (as shown in Fig. 3).
Regarding claim 4, Cheng teaches the suspending edge is formed by injection molding using silica gel material (para. 0036).
Regarding claim 6, Cheng teaches the membrane is formed from metallic material (para. 0003).
Regarding claim 7, Cheng teaches wherein after forming the diaphragm, first cut-out sections are formed on the side of the main body portion located at the positions corresponding to the connecting portions (as shown in Fig. 3).
Regarding claim 8, Cheng teaches wherein after forming the diaphragm, second cut-out sections are formed on the side of the suspending edge located at the positions corresponding to the extended portions (as shown in Fig. 3).
Regarding claim 9, Cheng teaches a plurality of protruding portions are formed on the external portion (Fig. 3 shows two protruding portions 62).
Regarding claim 10, Cheng teaches a plurality of positioning holes are formed on the external portion (64 in Fig. 3 and para. 0036).
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng, as applied to claim 1 above) in view of True (US PG Pub 2005/0111689)
Regarding claim 5, Cheng teaches the base is formed as an integral body (as shown in Fig. 3).
Cheng does not explicitly teach that the base is formed using plastic material.
However, it is conventional in the loudspeaker diaphragm arts to form the base as an integral body using plastic material, as taught for example by True (abstract, claim 1, para. 0013).
In view of True’s teachings, it would have been obvious to one of ordinary skill in the art at the time of filing to form the base in Cheng’s method as an integral body using plastic material, as taught by True, to predictably obtain suitable means for obtaining the base component in a manner compatible with low-cost, high volume injection molding.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIM R SMITH whose telephone number is (303)297-4318. The examiner can normally be reached Mon-Fri. 9-6 MST.
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/JIMMY R SMITH JR./Examiner, Art Unit 1745