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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DK PA202170315, filed on 21 June 2021.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
Hearing device of Claims 16 and 17
Hearing aid, hearable, headset, earbud, and similar device of Claim 16
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 16 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 16, the claim recites “or a similar device”. It is unclear as to what constitutes a similar device, how similarity is being determined, and how many overlapping characteristics must be present so that a device can be deemed similar, thus rendering the claim indefinite.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3, 6 – 10, and 13 - 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Naderyan et al. (US 2021/0274287).
Regarding Claim 1, Naderyan discloses a vibration sensor, in at least Figures 1, 2, and 15, comprising a) a carrier substrate (32) comprising a first surface (left surface of 32) and a second surface (right surface of 32) (Figure 15), b) a suspension member (periphery of 118 including 124) and a moveable mass secured thereto (central portion of 118), wherein the moveable mass and/or at least part of the suspension member is/are adapted to vibrate when the vibration sensor is exposed to external vibrations [0036], c) a read-out arrangement for detecting vibrations of the moveable mass and/or at least part of the suspension member (Figure 2), and d) a signal processor for at least processing an electric signal from the read-out arrangement (including element 38, [0026, 0047]) (Figure 15), wherein the read-out arrangement comprises a capacitor formed by a first capacitor electrode (132) and a second capacitor electrode (136) separated by an air gap [0036] (Figure 2), wherein the first capacitor electrode and/or the second capacitor electrode one or more air venting channels (128) in order to reduce squeeze film damping effects between the first and second capacitor electrodes [0002, 0032].
Regarding Claim 3, Naderyan discloses the second capacitor electrode (136) is provided on the first surface of the carrier substrate (via 106 and 118) (Figures 2, 15).
Regarding Claim 6, Naderyan discloses the one or more air venting channels form a three-dimensional pattern in the first capacitor electrode and/or in the second capacitor electrode (Figures 1, 2).
Regarding Claim 7, Naderyan discloses the one or more air venting channels are adapted to lead air to and/or from the air gap between the first and second capacitor electrodes (Figure 2).
Regarding Claim 8, Naderyan discloses the moveable mass and the signal processor are arranged on opposite sides of the carrier substrate (left vs right side of 32) (Figure 15).
Regarding Claim 9, Naderyan discloses the carrier substrate comprises a first PCB comprising first and second opposing surfaces (Figure 15).
Regarding Claim 10, Naderyan discloses the signal processor is secured to the second surface of the first PCB (Figure 15).
Regarding Claim 13, Naderyan discloses the air gap between the first and second capacitor electrodes is at least partially provided by a spacer arranged between at least part of the first and second capacitor electrodes (spacer bounding 122) (Figures 1, 2).
Regarding Claim 14, Naderyan discloses the air gap between the first and second capacitor electrodes is at least partially provided by one or more embossed elements (124) of the suspension member (Figure 2).
Regarding Claim 15, Naderyan discloses acoustic resistance of any one of the one or more air venting channels of the first capacitor electrode and/or the second capacitor electrode is/are lower than the acoustic resistance of any part of the air gap between the first and second capacitor electrodes (this is inherently true as damping has been reduced) [0023, 0032, 0033, 0038 – 0040, 0045, 0050].
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Naderyan et al. (US 2021/0274287). This rejection is made with an alternative second element-to-element matching with respect to the above rejection.
Regarding Claim 1, Naderyan discloses a vibration sensor, in at least Figures 1, 2, and 15, comprising a) a carrier substrate (120) comprising a first surface (surface contacting 136) and a second surface (surface opposite 136) (Figure 2), b) a suspension member (periphery of 118 including 124) and a moveable mass (136) secured thereto (via 120), wherein the moveable mass and/or at least part of the suspension member is/are adapted to vibrate when the vibration sensor is exposed to external vibrations [0036], c) a read-out arrangement for detecting vibrations of the moveable mass and/or at least part of the suspension member (Figure 2), and d) a signal processor for at least processing an electric signal from the read-out arrangement (including element 38, [0026, 0047]) (Figure 15), wherein the read-out arrangement comprises a capacitor formed by a first capacitor electrode (132) and a second capacitor electrode (136) separated by an air gap [0036] (Figure 2), wherein the first capacitor electrode and/or the second capacitor electrode one or more air venting channels (128) in order to reduce squeeze film damping effects between the first and second capacitor electrodes [0002, 0032].
Regarding Claim 4, Naderyan discloses the second capacitor electrode comprises one or more air venting channels (128) and in that the one or more air venting channels of the second capacitor electrode extend at least into a part of the carrier substrate (Figure 2).
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Naderyan et al. (US 2021/0274287). This rejection is made with an alternative third element-to-element matching with respect to the above rejection.
Regarding Claim 1, Naderyan discloses a vibration sensor, in at least Figures 1, 2, and 15, comprising a) a carrier substrate (32) comprising a first surface (top surface of 32) and a second surface (bottom surface of 32) (Figure 15), b) a suspension member (periphery of 118 including 124) and a moveable mass secured thereto (central portion of 118), wherein the moveable mass and/or at least part of the suspension member is/are adapted to vibrate when the vibration sensor is exposed to external vibrations [0036], c) a read-out arrangement for detecting vibrations of the moveable mass and/or at least part of the suspension member (Figure 2), and d) a signal processor for at least processing an electric signal from the read-out arrangement (including element 38, [0026, 0047]) (Figure 15), wherein the read-out arrangement comprises a capacitor formed by a first capacitor electrode (136) and a second capacitor electrode (132) separated by an air gap [0036] (Figure 2), wherein the first capacitor electrode and/or the second capacitor electrode one or more air venting channels (128) in order to reduce squeeze film damping effects between the first and second capacitor electrodes [0002, 0032].
Regarding Claim 9, Naderyan discloses the carrier substrate comprises a first PCB comprising first and second opposing surfaces (Figure 15).
Claim Rejections - 35 USC § 103
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naderyan et al. (under the third interpretation above; US 2021/0274287), in view of Ko et al. (US 8634924).
Regarding Claim 2, Naderyan fails to expressly disclose how the first capacitor electrode (136) is electrically connected to leads (40) (Figure 15) thus fails to expressly disclose at least part of the suspension member is electrically conducting, and in that at least the electrically conducting part of the suspension member forms the first capacitor electrode.
Ko teaches a suspension member (306, 322) is electrically conducting (Col 5, lines 33 – 40).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Naderyan so that at least part of the suspension member is electrically conducting, so that the suspension member forms the first capacitor electrode for the benefit of providing electrical contact between the sensor and outside electronics, as taught by Ko (Col 5, lines 33 – 57).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naderyan et al. (under the first interpretation above; US 2021/0274287).
Regarding Claim 5, Naderyan fails to expressly disclose the first capacitor electrode is electrically connected to ground, and in that the second capacitor is electrically biased by the signal processor.
Naderyan discloses the vibration sensor functions by detecting a change in capacitance according a change in distance between the electrodes [0034, 0036]. Examiner takes Official Notice it is common knowledge in the art capacitive sensors such as this type of vibration sensor and/or microphones function by having one electrode connected to ground and the other being electrically biased.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Naderyan so that the first capacitor electrode is electrically connected to ground, and in that the second capacitor is electrically biased by the signal processor for the benefit of providing electrical conditions required so that the vibration sensor can detect vibrations.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naderyan et al. (under the third interpretation above; US 2021/0274287), in view of Post et al. (US 2019/0335271).
Regarding Claim 11, Naderyan fails to expressly disclose the vibration sensor comprises a spacer secured to the second surface of the first PCB, and in that the space comprises one or more vias electrically connected to the second surface of the first PCB.
Post teaches, in Figure 3, a spacer (303) secured to a second surface of a first PCB (of 305), and in that the space comprises one or more vias (304) electrically connected to the second surface of the first PCB (Figure 3).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Naderyan to include a spacer secured to the second surface of the first PCB, and in that the space comprises one or more vias electrically connected to the second surface of the first PCB for the benefit of an alternative arrangement which trades horizontal space (with respect to Naderyan’s Figure 15) for vertical space, as taught by Post in Figure 3.
Regarding Claim 12, Naderyan fails to expressly disclose the vibration sensor further comprises a second PCB comprising first and second opposing surface, and in that the one or more vias of the spacer are electrically connected to the first surface of the second PCB, and that one or more contact pads are provided on the second surface of the second PCB for connecting the vibration sensor to external electronic devices.
Post teaches comprises a second PCB (301) comprising first (surface of 301 hidden from view in Figure 3) and second opposing surface (surface of 301 seen in Figure 3), and in that the one or more vias of the spacer are electrically connected to the first surface of the second PCB [0050], and that one or more contact pads (302) are provided on the second surface of the second PCB for connecting the vibration sensor to external electronic devices [0050].
The combination would have been obvious for the same reasons regarding the rejection of Claim 11 above.
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldstein (US 2025/0078795), in view of Naderyan et al. (US 2021/0274287).
Regarding Claim 16, Goldstein discloses a hearing device comprising a vibration sensor [0073], wherein the hearing device comprises an earbud (Figure 2).
Goldstein fails to expressly disclose the vibration sensor according to Claim 1.
Naderyan teaches the vibration sensor according to claim 1 (see above).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Goldstein to use Naderyan’s vibration sensor for the benefit of reduced noise associated with damping, as taught by Naderyan [0002].
Regarding Claim 17, Goldstein discloses use of a vibration sensor in a hearing device (Figure 2), wherein the vibration sensor is used for detecting voice induced vibrations in the skull of the user of the hearing device [0073], and in that the detected voice induced vibrations are used for voice recognition of the user’s own voice [0073].
Goldstein fails to expressly disclose the vibration sensor according to Claim 1.
Naderyan teaches the vibration sensor according to claim 1 (see above).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Goldstein to use Naderyan’s vibration sensor for the benefit of reduced noise associated with damping, as taught by Naderyan [0002].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MERCADO whose telephone number is (571)270-7094. The examiner can normally be reached Monday - Thursday 9am - 4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALEXANDER A. MERCADO
Primary Examiner
Art Unit 2855
/ALEXANDER A MERCADO/ Primary Examiner, Art Unit 2855