Prosecution Insights
Last updated: April 19, 2026
Application No. 18/649,243

VIBRATING DIAPHRAGM AND LOUDSPEAKER

Non-Final OA §102§103
Filed
Apr 29, 2024
Examiner
BRINEY III, WALTER F
Art Unit
2692
Tech Center
2600 — Communications
Assignee
Merry Electronics (Suzhou) Co. Ltd.
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
2y 12m
To Grant
69%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
352 granted / 540 resolved
+3.2% vs TC avg
Minimal +4% lift
Without
With
+3.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
58 currently pending
Career history
598
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
63.2%
+23.2% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 540 resolved cases

Office Action

§102 §103
Detailed Action The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . See 35 U.S.C. § 100 (note). Art Rejections Anticipation 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 1–7, 14 and 15 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by CN 113038347 A (published 25 June 2021) (“Quan”). Claims 1, 8–13 and 18–20 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by WO 2022/006931 A1 (published 13 January 2022) (“Liu”). Claim 1 is drawn to “a vibrating element.” The following table and Figure 1 illustrate the correspondence between the claimed vibrating element and the Quan reference. Claim 1 The Quan Reference “1. A vibrating element, comprising The Quan reference describes a vibrating diaphragm assembly corresponding to the claimed vibrating element. Quan at p.4, ¶¶ 6–8, FIG.2. “a first elastomer layer, a conductive layer and a second elastomer layer which are stacked sequentially, Quan’s diaphragm assembly includes vibrating diaphragm 32 and vibrating diaphragm 34 corresponding respectively to the claimed second and first elastomer layers and a flexible circuit board 33 corresponding to the claimed conductive layer and compounded (i.e., stacked) between the diaphragms. Id. “wherein the conductive layer comprises two conductive parts, and a supporting structure between the two conductive parts; and Flexible circuit board 33 includes conductive parts 331 and 333 connected by the board’s substrate. Id. at p. 5, ¶¶ 2–4, FIGs.3, 4. “an avoidance structure is arranged on the second elastomer layer, and “the two conductive parts are exposed through the avoidance structure to be electrically connected to an external circuit and a voice coil, respectively.” Vibrating diaphragm 32 corresponds to the claimed second elastomer layer and includes a corresponding avoidance structure that exposes bonding pad 331 and 333. Id. at FIG.3. See Figure 1, below. Table 1 PNG media_image1.png 562 1046 media_image1.png Greyscale Figure 1: Marked-up version of Quan at FIG.3 (marked up to illustrate correspondence with the claimed invention.) For the foregoing reasons, the Quan reference anticipates all limitations of the claim. Claim 2 depends on claim 1, and further requires the following: “wherein the vibrating element is a vibrating diaphragm; “the vibrating diaphragm comprises a first diaphragm layer, a first conductive metal layer and a second diaphragm layer which are stacked sequentially; “the first conductive layer comprises two metal foils; “each of the metal foils comprises a first conductive part, a second conductive part, and a first supporting part arranged between the first conductive part and the second conductive part; and “the second diaphragm layer is provided with a plurality of leaks to expose the first conductive part and the second conductive part.” Similarly, Quan’s vibrating diaphragm assembly includes two diaphragm layers 32 and 34 and a conductive metal layer formed by PCB 33. PCB 33 includes metal foils, or traces, with a first conductive part 331 and second conductive part 333 that are exposed through layer 32. Quan at p. 5, ¶¶ 2–4, FIGs.3, 4. For the foregoing reasons, the Quan reference anticipates all limitations of the claim. Claim 3 depends on claim 2, and further requires the following: “wherein the first diaphragm layer comprises a first fixing part, a first connecting part, a second fixing part and a first bearing part; “the first connecting part connects the first fixing part and the second fixing part; “the first bearing part is connected to the second fixing part and located one side away from the first fixing part; “the second diaphragm layer comprises a second bearing part, a second connecting part, a third fixing part and a third bearing part; “the second connecting part connects the second bearing part and the third fixing part; “the third bearing part is connected to the third fixing part and located one side away from the second bearing part; “the second bearing part coincidently covers at least part of a region of the first fixing part; “the second connecting part coincidently covers the first connecting part; “the third fixing part coincidently covers the second fixing part; and “the third bearing part coincidently covers at least part of a region of the first bearing part.” Diaphragm layer 34 corresponds to the claimed first diaphragm layer. It includes corresponding fixing parts, connecting part and bearing part as shown in Figure 2, below. PNG media_image2.png 468 852 media_image2.png Greyscale Figure 2: Marked-up version of Quan at FIG.2 (marked-up to show correspondence to the claimed invention.) For the foregoing reasons, the Quan reference anticipates all limitations of the claim. Claim 4 depends on claim 3, and further requires the following: “wherein the first conductive part is arranged between the first fixing part and the second bearing part; “the first supporting part is arranged between the first connecting part and the second connecting part; and “the second conductive part is arranged between the first bearing part and the third bearing part.” Quan describes a similar arrangement. See Quan at FIGs.3, 4. See also Figures 1, 2, above. For the foregoing reasons, the Quan reference anticipates all limitations of the claim. Claim 5 depends on claim 4, and further requires the following: “wherein the second bearing part is provided with a first leak to expose the first conductive part, and the third bearing part is provided with a second leak to expose the second conductive part.” Quan describes a similar arrangement. See Quan at FIGs.3, 4. See also Figures 1, 2, above. For the foregoing reasons, the Quan reference anticipates all limitations of the claim. Claim 6 depends on claim 3, and further requires the following: “wherein the first connecting part has an annular structure, the first fixing part extends inwards from an inner edge of the first connecting part, the second fixing part extends outwards from an outer edge of the first connecting part, and the first bearing part extends outwards from part of a region of an outer edge of the second fixing part; and “the second connecting part has an annular structure, the second bearing part extends inwards from part of a region of an inner edge of the second connecting part, the third fixing part extends outwards from an outer edge of the second connecting part, and the third bearing part extends outwards from part of a region of an outer edge of the third fixing part.” Quan describes a similar arrangement. See Quan at FIGs.3, 4. See also Figures 1, 2, above. For the foregoing reasons, the Quan reference anticipates all limitations of the claim. Claim 7 depends on claim 2, and further requires the following: “wherein the first supporting part has a slender curved sheet structure.” Quan’s PCB 33 similarly includes a slender curved sheet structure as seen in Figure 2, above. For the foregoing reasons, the Quan reference anticipates all limitations of the claim. Claim 14 is drawn to “a loudspeaker.” The following table illustrates the correspondence between the claimed loudspeaker and the Quan reference. Claim 14 The Quan Reference “14. A loudspeaker, comprising: Quan similarly describes a speaker module corresponding to the claimed loudspeaker. Quan at p.4, ¶ 4, FIG.1. “a bracket; Quan’s speaker module includes a base frame 1 corresponding to the claimed bracket. Id. “a first magnetic circuit system, arranged on the bracket and suitable for forming a magnetic gap region; and Quan’s speaker module also includes a corresponding magnetic circuit system 2 mounted on frame 1 and which forms a magnetic gap (the space between central magnet 22 and annular magnet 23) for voice coil 31. Id. at p.5, ¶ 9, FIG.2. “a first vibrating system, comprising a first voice coil and the vibrating diaphragm according to claim 2, Quan’s speaker module includes a voice coil 31 and a vibrating system, or diaphragm, 3 as shown in the rejection of claim 2, incorporated herein. “wherein the vibrating diaphragm is connected to the bracket, Diaphragm 3 is fixed to frame 1. Id. at p. 4, ¶ 4, FIGs.1, 2. “the first conductive part is connected to a lead of the first voice coil, and Quan describes connecting conductive part 331 to voice coil lead 311. Id. “the first voice coil is arranged in the magnetic gap region formed by the first magnetic circuit system to drive the vibrating diaphragm to vibrate.” Quan’s speaker is plainly an electromagnetic speaker with a voice 31 that fits in the flux space formed by the gap between magnets 22, 23. See id. at FIGs.2, 5 (projecting a line downwards from the periphery of voice coil 31 plainly illustrates the coincidence of voice coil 31 with the gap between magnets 22 and 23). Table 2 For the foregoing reasons, the Quan reference anticipates all limitations of the claim. Claim 15 depends on claim 14, and further requires the following: “wherein an accommodating groove is formed in the bracket; and “the vibrating diaphragm is arranged on the bracket through the accommodating groove.” Quan’s base frame 1 is illustrated with a corresponding accommodating groove for arrangement of diaphragm 3. See Quan at FIG.5 (depicting frame 1 with a contoured surface to receive and bear diaphragm 3.) For the foregoing reasons, the Quan reference anticipates all limitations of the claim. Claim 1 is drawn to “a vibrating element.” The following table and Figure 2 illustrate the correspondence between the claimed vibrating element and the Liu reference. Claim 1 The Liu Reference “1. A vibrating element, comprising The Liu reference describes a diaphragm 100 corresponding to the claimed vibrating element. Liu at p.3, ¶¶ 4–6, FIGs.4, 5. “a first elastomer layer, a conductive layer and a second elastomer layer which are stacked sequentially, Liu’s diaphragm 100 includes first and second elastic bodies, or elastomer layers, 101 and a conductive mesh layer 102. Id. “wherein the conductive layer comprises two conductive parts, and a supporting structure between the two conductive parts; and Conductive mesh layer 102 similarly includes pad 40 and terminal 50 that correspond to the claimed two conductive parts. Id. at p. 4, ¶ 4, FIGs.4, 5. Mesh layer 102 further includes a mesh that supports elements 40 and 50. Id. at p. 3, ¶ 5, p. 4, ¶ 4, FIG.5. “an avoidance structure is arranged on the second elastomer layer, and “the two conductive parts are exposed through the avoidance structure to be electrically connected to an external circuit and a voice coil, respectively.” Elements 40 and 50 are exposed through avoidance parts included in second, top elastic body. See id. at FIG.4; see also Figure 1, below. Voice coil lead 121 connects to element 40 through the same avoidance structure. See id. at FIG.4; see also Figure 3, below. And terminal 50 connects to an external circuit. Id. at p. 4, ¶ 4. Table 3 PNG media_image3.png 327 737 media_image3.png Greyscale Figure 3: Marked-up version of Liu at FIG.4 (marked up to illustrate correspondence with the claimed invention.) For the foregoing reasons, the Liu reference anticipates all limitations of the claim. Claim 8 depends on claim 1, and further requires the following: “wherein the vibrating element is damper; “the damper comprises a first damper sheet layer, “a second conductive metal layer and “a second damper sheet layer which are stacked sequentially; “the second conductive metal layer comprises a third conductive part, a fourth conductive part, and a second supporting part arranged between the third conductive part and the fourth conductive part; “the second supporting part comprises a first connecting section, a curve connecting section and a second connecting section which are connected sequentially; “the first connecting section is connected to the third conductive part; and “the second connecting section is connected to the fourth conductive part.” The Liu reference describes a diaphragm 100 corresponding to the claimed damper. Liu at p.3, ¶¶ 4–6, FIGs.4, 5. Liu’s diaphragm 100 includes first and second elastic bodies, or damper sheet layers, 101 and a conductive metal layer 102. Id. Conductive mesh layer 102 similarly includes pad 40 and terminal 50 that correspond to the claimed third and fourth conductive parts. Id. at p. 4, ¶ 4, FIGs.4, 5. Mesh layer 102 further includes a mesh, or second supporting part, that supports elements 40 and 50. Id. at p. 3, ¶ 5, p. 4, ¶ 4, FIG.5. Mesh layer 102 includes a first connecting section connected to element 40 and a second connecting section connected to element 50. Id. at FIG.5; see also Figure 4, below. The two connection sections are joined by a curved mesh. Id. at FIG.5; see also Figure 4, below. For the foregoing reasons, the Liu reference anticipates all limitations of the claim. PNG media_image4.png 290 454 media_image4.png Greyscale Figure 4: Marked-up version of Liu at FIG.5 (marked-up to show correspondence with the claimed invention.) Claim 9 depends on claim 8, and further requires the following: “wherein the second supporting part has a slender curved sheet structure.” Similarly, Liu’s conductive mesh layer 102 has a curved sheet structure formed by thin wires 102a. Liu at p. 4, ¶¶ 2–4, FIG.6. For the foregoing reasons, the Liu reference anticipates all limitations of the claim. Claim 10 depends on claim 8, and further requires the following: “wherein the first damper sheet layer comprises a fourth fixing part, a fifth fixing part, a fourth bearing part and a first curved surface connecting part, and the first curved surface connecting part is connected to the fourth fixing part and the fifth fixing part; “the second damper sheet layer comprises a sixth fixing part, a seventh fixing part and a second curved surface connecting part, and the second curved surface connecting part is connected to the sixth fixing part and the seventh fixing part; and “the sixth fixing part coincidently covers the fourth fixing part, the seventh fixing part coincidently covers the fifth fixing part, the second curved surface connecting part coincidently covers the first curved surface connecting part, and the fourth bearing part is connected to the fourth fixing part and extends to outer sides of the first curved surface connecting part and the second curved surface connecting part.” Liu’s diaphragm 100 includes corresponding fixing parts, bearing parts and curved surfaces in top and bottom elastic bodies 101. See Liu at FIGs.4, 5. See also Figure 3, above. For the foregoing reasons, the Liu reference anticipates all limitations of the claim. Claim 11 depends on claim 10, and further requires the following: “wherein the first connecting section is arranged between the fourth fixing part and the sixth fixing part, the fourth conductive part and the second connecting section are arranged between the fifth fixing part and the seventh fixing part, the curve connecting section is arranged between the first curved surface connecting part and the second curved surface connecting part, and the third conductive part is arranged on the fourth bearing part.” Liu illustrates the above arrangement in FIGs.4, 5. For the foregoing reasons, the Liu reference anticipates all limitations of the claim. Claim 12 depends on claim 11, and further requires the following: “wherein the seventh fixing part has a notch, the fourth conductive part is exposed from the notch and is electrically connected to an external circuit, and the third conductive part is configured to be electrically connected to a lead of a second voice coil.” Liu illustrates the above arrangement with a notched avoidance area that exposes terminal 50 and a pad 40 for connection to voice coil lead 121. Liu at p. 4, ¶ 4, FIG.4. See also Figure 3, above. For the foregoing reasons, the Liu reference anticipates all limitations of the claim. Claim 13 depends on claim 12, and further requires the following: “wherein at least one part of the notch coincides with the fourth conductive part, and at least one part of the fourth bearing part coincides with the third conductive part.” Liu illustrates the above arrangement with a notched avoidance area that exposes terminal 50 and a pad 40 for connection to voice coil lead 121. Liu at p. 4, ¶ 4, FIG.4. See also Figure 3, above. The notched avoidance area coincides with and exposes terminal 50 and pad 40 is situated on a bearing part of a bottom elastic layer 101. See id. See also Figure 3, above. For the foregoing reasons, the Liu reference anticipates all limitations of the claim. Claim 18 is drawn to “a loudspeaker.” The following table illustrates the correspondence between the claimed loudspeaker and the Liu reference. Claim 18 The Liu Reference “18. A loudspeaker, comprising: Liu similarly describes a corresponding loudspeaker 1. Liu at p.3, ¶ 2, FIGs.1, 2. “a basin frame; Liu’s loudspeaker 1 includes a basin frame 20. Id. “a second vibrating system, comprising a voice diaphragm connected to the basin frame, a second voice coil driving the voice diaphragm to vibrate and sound, and the damper according to claim 8, Liu’s loudspeaker 1 similarly includes a vibration system 10 formed by sound membrane 11, voice coil 12 and diaphragm 13/100 corresponding to the claimed damper as shown in the rejection of claim 8, incorporated herein. Id. at ¶¶ 3–4, FIG.2. “the damper being connected to the basin frame and arranged on one side of the second voice coil away from the voice diaphragm; and Liu’s diaphragm 13/100, or damper, is connected to basin frame 20 on one side of voice coil 12 away from membrane 11. Id. at p.4, ¶¶ 5–7, FIG.2. “a second magnetic circuit system, comprising a splint connected to one end of the basin frame away from the voice diaphragm, and a magnetic steel connected between the splint and the voice diaphragm.” Liu’s magnetic circuit system 30 includes a splint 31 connected to basin frame 20 away from membrane 11 and a magnetic steel 32 connected between splint 31 and membrane 11. Id. at p. 3, ¶ 3, FIG.2. Table 4 For the foregoing reasons, the Liu reference anticipates all limitations of the claim. Claim 19 depends on claim 18, and further requires the following: “wherein the second vibrating system comprises four dampers located at four corners of the second voice coil, respectively; “the third conductive parts of two dampers are electrically connected to two leads of the second voice coil, respectively; and “the fourth conductive parts of two dampers are electrically connected to an incoming terminal and an outgoing terminal of an external circuit, respectively.” Similarly, Liu’s dampers 13/100 are located at four corners of voice coil 12. Liu at p.4, ¶¶5–7, FIG.2. Further, two dampers are connected to the voice coil by pads 40 and two dampers are connected to an external circuit by terminals 50. Id. For the foregoing reasons, the Liu reference anticipates all limitations of the claim Claim 20 depends on claim 18, and further requires the following: “wherein the magnetic steel comprises a second main magnetic steel, four second secondary magnetic steels located at the periphery of the second main magnetic steel, and a pole core attached to the second main magnetic steel; “the second main magnetic steel and the four second secondary magnetic steels form a magnetic gap; “the second voice coil is located in the magnetic gap; and “each of the dampers is located between the two adjacent second secondary magnetic steels.” Liu’s magnetic circuit 32 similarly includes main steel 321, four secondary steels 322 and a pole core 323 that form a magnetic gap that receives voice coil 12. Liu at p.3, ¶ 3, FIG.2. Each damper 13/100 is located in the corners between adjacent second magnetic steels 322. Id. at p.4, ¶¶ 4–7, FIG.2. For the foregoing reasons, the Liu reference anticipates all limitations of the claim. Obviousness 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. Claims 16 and 17 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Quan and CN 114554368 A (published 27 May 2022) (“Cai”). Claim 16 depends on claim 15, and further requires the following: “wherein an accommodating channel is formed at a groove bottom of the accommodating groove; and “the loudspeaker further comprises: a terminal, arranged in the accommodating channel, one end of the terminal being connected to the second conductive part.” Quan does not forming an accommodating channel in base frame 1 and including a terminal that is connected to part 333 and arranged in the accommodating channel. Instead, Quan’s second conductive part 333 extends outward away from the center of the speaker module. Quan at FIG.3. The Cai reference, however, teaches and suggests forming a shell 10, or frame, to include an accommodating channel with a terminal 13 routed through the channel and in contact with a second conductive part 342 of a diaphragm 31. Cai at p. 16, ¶ 5, p. 18, ¶ 2, FIGs.12, 18. Cai teaches that this embodiment is good for batch preparation. Id. Accordingly, it would have been obvious to apply a similar technique to Quan’s speaker module. For example, one of ordinary skill would have modified frame 1 to include accommodating channels in a groove bottom of an accommodating groove and a terminal in the channel and in electrical contact with a second conductive part 342 that forms part of a diaphragm. For the foregoing reasons, the combination of the Quan and the Cai references makes obvious all limitations of the claim. Claim 17 depends on claim 16, and further requires the following: “wherein the terminal is set as a U-shaped structure; and the accommodating channel is set as a U-shaped channel.” The obviousness rejection of claim 16, incorporated herein, shows the obviousness of modifying Quan’s frame 1 based on the teachings of Cai to include the claimed accommodating channel and terminal. Cai does not describe or teach that terminal 13 is U-shaped in a U-shaped channel. However, the precise shape of terminal 13 is plainly a matter of design choice like any simple change to size, shape and proportion. See MPEP § 2144.04(IV)(B). Accordingly, it would have been obvious for one of ordinary skill in the art to experiment with different shapes to produce a channel and terminal having a preferred shape. For the foregoing reasons, the combination of the Quan and the Cai references makes obvious all limitations of the claim. Summary Claims 1–20 are rejected under at least one of 35 U.S.C. §§ 102 and 103 as being unpatentable over the cited prior art. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WALTER F BRINEY III whose telephone number is (571)272-7513. The examiner can normally be reached M-F 8 am-4:30 pm. 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, Carolyn Edwards can be reached at 571-270-7136. 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. /Walter F Briney III/ /CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692 Walter F Briney IIIPrimary ExaminerArt Unit 2692 1/23/2026
Read full office action

Prosecution Timeline

Apr 29, 2024
Application Filed
Jan 22, 2026
Non-Final Rejection — §102, §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

1-2
Expected OA Rounds
65%
Grant Probability
69%
With Interview (+3.8%)
2y 12m
Median Time to Grant
Low
PTA Risk
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