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 .
Status of Claims
Claims 1-5, 14-16, and 22-23 are rejected
Claims 6-13, 17-21, and 24-26 are objected to
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Kumakura et al (US PUB 20190082247, hereinafter Kumakura).
Regarding Claim 1, Kumakura discloses a sound device (see at least the abstract and figure 1), comprising: a frame (e.g. a frame 61), a speaker (e.g. a speaker 51) disposed adjacent to the frame (see figure 6); a coupling part (e.g. a mounting portion TB) disposed at one side of the speaker, and facing toward the frame (see figure 17); and
a holder (e.g. a TP1) positioned between the frame and the coupling part of the speaker (see figure 17), the holder being coupled to the frame and coupled to the coupling part of the speaker (e.g. holder TP1 couples the speaker plate 31a via the mounting portion TB to the frame 61), (see figure 17 and 18), wherein the holder penetrates into a portion of the frame (e.g. via hole 61b) in a direction extending toward the frame from the coupling part (see Kumakura, [0048], [0084]-[0088], and [0100]-[0102], also figures 6 and 14-17).
Regarding Claim 2, Kumakura discloses the sound device of claim 1, wherein the speaker includes a housing (e.g. housing/frame 31) having an inner space (see figure 17), and wherein the coupling part (mounting portion TB) is disposed at an outer portion of a rim (e.g. at peripheral flange portion 31a) of the housing or inside the rim of the housing (see Kumakura, figure 17).
Regarding Claim 3, Kumakura discloses the sound device of claim 1, wherein the holder (TP1) includes at least one of a flexible material, a rubber material or a soft material, and wherein the speaker is spaced apart from the frame by the holder (see Kumakura, [0094]-[0095], and figures 16-17).
Regarding Claim 4, Kumakura discloses the sound device of claim 3, wherein the coupling part (TB) includes a plurality of coupling parts spaced apart from each other, and wherein the holder (TP1) includes a plurality of holders coupled to the plurality of coupling parts, respectively (see Kumakura, figures 14 and 17).
Regarding Claim 5, Kumakura discloses the sound device of claim 1, wherein the coupling part includes: a base (e.g. base surrounding TBA1) on which the holder is seated (see figure 21); a protruding part (e.g. protruding portions TBA3) extending from the base in a direction toward the frame, the protruding part penetrating through the holder; and a stopper (e.g. stoppers TBA4) protruding from an end of the protruding part, the stopper being hooked onto a portion of the holder (see Kumakura, [0114]-[0115], also figures 21-23).
Claim 16 is rejected under pre-AIA 35 U.S.C. 102(g) as being anticipated by Jeon (US PAT 6760460, hereinafter Jeon).
Regarding claim 16, Jeon discloses a holder (e.g. a vibration attenuation member 300) for coupling a sound device (e.g. a speaker device 1) to a frame (e.g. a frame 2), (see figure 7A), the holder comprising: a head disposed at an end of the holder (e.g. top portion with slits 304); a body (e.g. middle portion of member 300); a neck disposed between the head and the body (see figure 7A); and a hole penetrating through the head, the neck and the body (e.g. a member 300 is formed as a hollow cylinder), wherein the head has an overhang portion or a stepped portion, and wherein the head has a tapered shape relative to the body (e.g. top of member 300 is chamfered for easy insertion), (see Jeong, column 6 lines 35-62, and figures 7A and 13A).
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.
The factual inquiries 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(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kumakura as applied to claim 1 above, and further in view of Wang et al (US PUB 20070115619, hereinafter Wang).
Regarding Claim 14, Kumakura does not explicitly disclose a display device comprising: the sound device of claim 1; and a display panel coupled to the frame of the sound device.
However, Wang in the same field of endeavor teaches that it is well known in the art to provide a sound device (e.g. a speaker 14) in a display device (e.g. a display assembly 1) as demonstrated in [0016]-[0019], also figures 1-2. Therefore, it would have been obvious to any person having an ordinary skill in the art before the effective filing date of the present invention to incorporate the sound device in a display device as taught by in the teachings of Kamakura in order to satisfy a desired or intended use.
Regarding Claim 15, Kumakura as modified by Wang discloses the display device of claim 14, wherein the sound device includes a plurality of sound devices spaced apart from each other along an edge of the frame (see Wang, figures 1 and 3).
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeCosta (US PUB 20170227037, hereinafter DeCosta).
Regarding Claim 22, DeCosta discloses a coupling part for coupling a sound device to a frame (e.g. an anchoring mechanism 25 for mounting a speaker), (see [0007]), the coupling part comprising: a base (e.g. a base plate having sides 25A, 25C, 25D), (see figure 6); a protruding part (e.g. protruding member 25F) disposed on the bridge; a pair of holes disposed on opposite sides of the bridge (e.g. pair of holes are formed on the opposite faces 25H of the bosses 25G); and a stopper (e.g. an endcap 40B of a cross member 40) protruding from a distal end of the protruding part (see DeCosta, [0024] and [0026]-[0027], also figures 6 and 9).
DeCosta further teaches a bridge (e.g. boss 25G), but fails to explicitly teach that the bridge extend from one side of the base to the other side of the base. However, DeCosta teaches an equivalent configuration, comprising two bosses 25G, one disposed on each of two opposing sides of the base as shown in figure 6. Therefore, it would have been obvious to any person having an ordinary skill in the art to configure the bridge an integral piece or as a two piece member, since it has been held "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice." (In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)); (see MPEP 2144.04 V B).
Regarding Claim 23, DeCosta discloses coupling part of claim 22, butt fails to explicitly disclose wherein the stopper (40B) is tapper relative to the base.
However, it would have been obvious to any person having an ordinary skill in the art to incorporate a stopper having a taper shape if such is desired, since it has been held that: the configuration/shape of a claimed element is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)); (see MPEP 2144.04 IV B).
Allowable Subject Matter
Claims 6-13, 17-21, and 24-26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record provided on PTO 892 and not relied upon is considered pertinent to applicant's disclosure.
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/OYESOLA C OJO/Primary Examiner, Art Unit 2695