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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1,2, 4,6,9,17 and 18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 3, 5,7, 15 and 16 of copending Application No. 18648980. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claimed invention in the instant application is similar except for the following:
Regarding Claims 1 and 17, the copending application does not explicitly recite at least one of the first magnet conductor and the magnet assembly is elastically connected to the coil through an elastic member. However, Hakansson in related field (Electromagnetic vibrator) teaches on [0001] a bone transmitting hearing aid/bone transmitting vibrator for generating or monitoring vibrations in accordance with the variable reluctance principle comprising a coil for generating/monitoring a magnetic signal flux, a bobbin body of a magnetic conductive material, one or more yokes of magnetic conductive material, and one or more permanent magnets for generating a magnetic biassing flux. On Figure 3, [0034] a coil 7 can be fixedly attached in a simple way to the yoke 9 instead of to the bobbin body 5 using a suitable glue. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the transducer device such that the coil is elastically connected to the magnetic member where the elastic member is an adhesive such as glue to fixedly attach them without the use of a bobbin or additional structure.
Current Application: 18650063
Copending application: 18648980
A transducer device including a first magnet conductor, a coil, and a magnet assembly, wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane, an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane, at least one of the first magnet conductor and the magnet assembly is elastically connected to the coil through an elastic member, and a magnetic field generated by the coil after an excitation signal is input interacts with a magnetic field generated by the magnet assembly to cause the first magnet conductor to move relative to the magnet assembly.
The transducer device of claim 1, wherein the coil is elastically connected to one of the first magnet conductor and the magnet assembly through the elastic member, the coil is spaced apart from the other one of the first magnet conductor and the magnet assembly in a second reference direction perpendicular to the first reference direction, and in a target frequency range of 50 Hz to 200 Hz, the coil moves following the one of the first magnet conductor and the magnet assembly through the elastic member.
17. An earphone including a support assembly and a core module connected to the support assembly, the support assembly being configured to support the core module and place the core module at a wearing position, the core module including a core housing and a transducer device according, the core housing being connected to the support assembly, the transducer device being disposed in an accommodation cavity of the core housing, and the transducer device including a first magnet conductor, a coil, and a magnet assembly, wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane, an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane, at least one of the first magnet conductor and the magnet assembly is elastically connected to the coil through an elastic member, and a magnetic field generated by the coil after an excitation signal is input interacts with a magnetic field generated by the magnet assembly to cause the first magnet conductor to move relative to the magnet assembly.
1. A transducer device including a first magnet conductor, a coil, and a magnet assembly, wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane, an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane, the coil is fixed to an inner side of the magnet assembly facing the first magnet conductor, and the coil and the first magnetic conductor are spaced apart in a second reference direction perpendicular to the first reference direction, and a magnetic field generated by the coil after an excitation signal is input interacts with a magnetic field generated by the magnet assembly to cause the first magnet conductor to move relative to the magnet assembly.
15. An earphone including a support assembly and a core module connected to the support assembly, the support assembly being configured to support the core module and place the core module at a wearing position, the core module including a core housing and a transducer device, the core housing being connected to the support assembly, the transducer device being disposed in an accommodation cavity of the core housing, and the transducer device including a first magnet conductor, a coil, and a magnet assembly, wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane, an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane, the coil is fixed to an inner side of the magnet assembly facing the first magnet conductor, and the coil and the first magnetic conductor are spaced apart in a second reference direction perpendicular to the first reference direction, and a magnetic field generated by the coil after an excitation signal is input interacts with a magnetic field generated by the magnet assembly to cause the first magnet conductor to move relative to the magnet assembly.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
2. Claims 1,2,8,4,9-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,7,4,8-17 of copending Application No. 18648980. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claimed invention in the instant application is similar except for the following:
Regarding Claims 1 and 17, the copending application does not explicitly recite at least one of the first magnet conductor and the magnet assembly is elastically connected to the coil through an elastic member. However, Hakansson in related field (Electromagnetic vibrator) teaches on [0001] a bone transmitting hearing aid/bone transmitting vibrator for generating or monitoring vibrations in accordance with the variable reluctance principle comprising a coil for generating/monitoring a magnetic signal flux, a bobbin body of a magnetic conductive material, one or more yokes of magnetic conductive material, and one or more permanent magnets for generating a magnetic biassing flux. On Figure 3, [0034] a coil 7 can be fixedly attached in a simple way to the yoke 9 instead of to the bobbin body 5 using a suitable glue. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the transducer device such that the coil is elastically connected to the magnetic member where the elastic member is an adhesive such as glue to fixedly attach them without the use of a bobbin or additional structure.
Current Application:18650063
Copending application: 18648966
1.A transducer device including a first magnet conductor, a coil, and a magnet assembly, wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane, an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane, at least one of the first magnet conductor and the magnet assembly is elastically connected to the coil through an elastic member, and a magnetic field generated by the coil after an excitation signal is input interacts with a magnetic field generated by the magnet assembly to cause the first magnet conductor to move relative to the magnet assembly.
8. The transducer device of claim 4, wherein the magnet assembly includes a third magnet and an adapter stacked along the first reference direction, the third magnet is made of a hard magnetic material, the adapter is not made of the hard magnetic material, an orthographic projection of the coil on an inner circumferential surface of the magnet assembly along a second reference direction overlaps with a junction between the third magnet and the adapter, the second reference direction is perpendicular to the first reference direction, the first vibration transmission plate is connected to the third magnet and the second vibration transmission plate is connected to the adapter.
17. An earphone including a support assembly and a core module connected to the support assembly, the support assembly being configured to support the core module and place the core module at a wearing position, the core module including a core housing and a transducer device according, the core housing being connected to the support assembly, the transducer device being disposed in an accommodation cavity of the core housing, and the transducer device including a first magnet conductor, a coil, and a magnet assembly, wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane, an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane, at least one of the first magnet conductor and the magnet assembly is elastically connected to the coil through an elastic member, and a magnetic field generated by the coil after an excitation signal is input interacts with a magnetic field generated by the magnet assembly to cause the first magnet conductor to move relative to the magnet assembly.
1. A transducer device including a first magnet conductor, a coil, and a magnet assembly, wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane, an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane, one of the first magnet conductor and the magnet assembly is connected to the coil, the magnet assembly includes a magnet and an adapter stacked along the first reference direction, the magnet is made of a hard magnetic material, and the adapter is not made of the hard magnetic material, and a magnetic field generated by the coil after an excitation signal is input interacts with a magnetic field generated by the magnet assembly to cause the first magnet conductor to move relative to the magnet assembly.
15. An earphone including a support assembly and a core module connected to the support assembly, the support assembly being configured to support the core module and place the core module at a wearing position, the core module including a core housing and a transducer device, the core housing being connected to the support assembly, the transducer device being disposed in an accommodation cavity of the core housing, and the transducer device including a first magnet conductor, a coil, and a magnet assembly, wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane, an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane, one of the first magnet conductor and the magnet assembly is connected to the coil, the magnet assembly includes a magnet and an adapter stacked along the first reference direction, the magnet is made of a hard magnetic material, and the adapter is not made of the hard magnetic material, and a magnetic field generated by the coil after an excitation signal is input interacts with a magnetic field generated by the magnet assembly to cause the first magnet conductor to move relative to the magnet assembly.
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 1 is under 35 U.S.C. 102(a)(1) as being anticipated by Hakansson (US 2003/0034705A1).
As to Claim 1, Hakansson a transducer device (Figures 1- 4) including a first magnet conductor (bobbin body 5, [0029], Figure 2), a coil (coil 7, Figure 2) and a magnet assembly (the biassing flux unit 2 consists of permanent magnet 8, yoke 9, bottom plate 10, pole 11, and counteracting mass 12, all fixedly connected to each other. [0029]), wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane( as shown on the two dimensional Figure 2, the coil 7 is positioned perpendicular relative to the positional direction of biasing flux unit 2) an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane,( as seen on two dimensional Figure 2, the biassing flux unit 2 surround the coil 7). Hakansson further teaches at least one of the first magnet conductor and the magnet assembly is elastically connected to the coil through an elastic member, On Figure 3, [0034] a coil 7 can be fixedly attached in a simple way to the yoke 9 instead of to the bobbin body 5 using a suitable glue, and a magnetic field generated by the coil( coil 7, Figures 1-6) after an excitation signal is input interacts with a magnetic field generated by the magnet assembly( biasing flux unit 2) to cause the first magnet conductor( bobbin body 5) to move relative to the magnet assembly, [0001] a coil for generating/monitoring a magnetic signal flux, a bobbin body of a magnetic conductive material, one or more yokes of magnetic conductive material, and one or more permanent magnets for generating a magnetic biassing flux.
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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hakansson (US 2003/0034705A1) in view of Zhang et al. (US20210168483A1), hereinafter Zhang.
As to Claim 17, Hakansson teaches an earphone (hearing aid, [0001]) including a transducer device (Figure 1-6), (Figures 1- 4) including a first magnet conductor (bobbin body 5, [0029], Figure 2), a coil (coil 7, Figure 2) and a magnet assembly (the biassing flux unit 2 consists of permanent magnet 8, yoke 9, bottom plate 10, pole 11, and counteracting mass 12, all fixedly connected to each other. [0029]), wherein an orthographic projection of the coil on a reference plane perpendicular to a first reference direction surrounds a periphery of an orthographic projection of at least a portion of the first magnet conductor on the reference plane( as shown on the two dimensional Figure 2, the coil 7 is positioned perpendicular relative to the positional direction of biasing flux unit 2) an orthographic projection of the magnet assembly on the reference plane surrounds a periphery of the orthographic projection of the coil on the reference plane,( as seen on two dimensional Figure 2, the biassing flux unit 2 surround the coil 7). Hakansson further teaches at least one of the first magnet conductor and the magnet assembly is elastically connected to the coil through an elastic member, On Figure 3, [0034] a coil 7 can be fixedly attached in a simple way to the yoke 9 instead of to the bobbin body 5 using a suitable glue, and a magnetic field generated by the coil( coil 7, Figures 1-6) after an excitation signal is input interacts with a magnetic field generated by the magnet assembly( biasing flux unit 2) to cause the first magnet conductor( bobbin body 5) to move relative to the magnet assembly, [0001] a coil for generating/monitoring a magnetic signal flux, a bobbin body of a magnetic conductive material, one or more yokes of magnetic conductive material, and one or more permanent magnets for generating a magnetic biassing flux. Hakansson does not explicitly teach support assembly and a core module connected to the support assembly, the support assembly being configured to support the core module and place the core module at a wearing position, the core module including a core housing and a transducer device according, the core housing being connected to the support assembly, the transducer device being disposed in an accommodation cavity of the core housing. However, Zhang in related filed (Hearing devices) teaches hearing aids including earphones are well-known in the art. [0060]. Further, an earphone on Figure 1, including a support assembly ( 10,30,50, Figure 1 )and a core module ( a housing 20 configured to accommodate the headphone core, a speaker module (not shown in the figure), and at least one button 4d.Figure 3, [0063]) connected to the support assembly ( 50, Figure 3) , the support assembly( supporting connector 10 including ear hooks 50, [0061])) being configured to support the core module and place the core module at a wearing position( as shown on Figure 3, the supporting connector 10 including ear hooks 50 supporting the housing 20), the core module including a core housing( housing 20, [0063]) and a transducer device( speaker device 40,[0061]- [0062]) according, the core housing( housing 20) being connected to the support assembly( ear hooks 50, Figures 1-3), the transducer device( speaker 40) being disposed in an accommodation cavity of the core housing, ( a speaker assembly of a speaker device according to some embodiments of the present disclosure. In some embodiments, a speaker module of the speaker assembly 300 may include a headphone core and a housing 20. The headphone core may be configured to generate a sound and the housing 20 may be configured to accommodate the headphone core.). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to use the transducer device as taught by Hakansson for an earphone type hearing aid instead of a bone conduction hearing aid depending on it’s intended use and desired design option.
Allowable Subject Matter
Claims 2-16, 18-20 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.
Dependent Claim 2, identifies a uniquely distinct feature of “…the coil is spaced apart from the other one of the first magnet conductor and the magnet assembly in a second reference direction perpendicular to the first reference direction, and in a target frequency range of 50 Hz to 200 Hz, the coil moves following the one of the first magnet conductor and the magnet assembly through the elastic member.”
Claims 3-16 variously depend from Claim 2, therefore would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Dependent Claim 18, identifies a uniquely distinct feature of “…wherein the core module includes at least one vibration damping sheet and a vibration panel, the transducer device being suspended in the accommodation cavity through the at least one vibration damping sheet, the vibration panel being connected to the first magnetic conductor and configured to transmit a mechanical vibration generated by the transducer device to a user.”
Claims 19 and 20 variously depend from Claim 18, therefore would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 03/16/26 have been fully considered but they are not persuasive. Regarding the ODP rejection, the applicant on page 10 asserts that “...neither Application No. 18648980 nor No. 18648966 discloses an elastic connection between the coil and a magnetic member (i.e., at least one of the first magnet conductor and the magnet assembly), and Hakansson does not cure this deficiency because it teaches fixedly attaching a coil to a yoke using glue for rigid assembly, not an elastic member that permits relative movement. The claimed elastic connection is neither taught nor rendered obvious by the cited references, and thus the claims are patentably distinct.” The examiner respectfully disagrees. The applicant’s specification (US20240284110A1) on [0049] “...the coil 12 may be elastically connected to at least one of the first magnet conductor 11 and the magnet assembly 13 through an elastic member 16. The coil 12 may be spaced apart from at least one of the first magnet conductor 11 and the magnet assembly 13 in the second reference direction. The elastic member 16 may be a dried glue such as silicone or hot melt glue.” Thus, the applicant specifically recites that the elastic member is a glue and the claim does not recite specifically “the elastic member permits relative movement “as asserted by the applicant. Thus, the ODP rejection is maintained.
II. Rejection under 35 U.S.C 102(a)(1) based on Hakansson.
The applicant asserts on page 11, [0001], Paragraph [0034] of Hakansson clearly states that "finally, in FIG. 3 it is shown that the coil 7 can be fixedly attached in a simple way to the yoke 9 instead of to the bobbin body 5 using a suitable glue." That is, the coil 7 is fixed to the yoke 9 by glue. As would be readily understood, a "fixedly attached" arrangement means that the coil 7 is secured to the yoke 9 such that their relative positions remain unchanged. This directly contradicts the requirement of an "elastic connection" as set forth in claim 1. Moreover, the glue in Hakansson is used to establish a fixed connection specifically between the coil 7 and the yoke 9, whereas the "elastic member" in claim 1 is intended to establish an elastic connection between the coil and a magnet member (i.e., at least one of the first magnet conductor and the magnet assembly). Therefore, Hakansson fails to disclose the "elastic member" as required by claim 1. The examiner respectfully disagrees. The applicant’s specification (US20240284110A1) on [0049] “...the coil 12 may be elastically connected to at least one of the first magnet conductor 11 and the magnet assembly 13 through an elastic member 16. The coil 12 may be spaced apart from at least one of the first magnet conductor 11 and the magnet assembly 13 in the second reference direction. The elastic member 16 may be a dried glue such as silicone or hot melt glue.” Thus, the applicant specifically recites that the elastic member is a glue and the claim recites “an elastic connection” that when read in the light of specification is formed using “glue, dried glue or hot melt glue” and the claims does not recite specifically “the elastic member permits relative movement “as asserted by the applicant. The broadest reasonable interpretation of the Claim is read as a connection formed using an elastic member such as a glue which is an elastic and forming an “elastic connection”. Thus, the rejection of Claim 1 under 35 U.S.C 102(a)(1) is maintained.
III. Rejection under 35 U.S.C 103 based on Hakansson and Zhang.
Applicant asserts that Hakansson fails to teach each and every limitation of Claim 1 including the magnet assembly is elastically connected to the coil through an elastic member. However, as explained by the examiner The applicant’s specification (US20240284110A1) on [0049] “...the coil 12 may be elastically connected to at least one of the first magnet conductor 11 and the magnet assembly 13 through an elastic member 16. The coil 12 may be spaced apart from at least one of the first magnet conductor 11 and the magnet assembly 13 in the second reference direction. The elastic member 16 may be a dried glue such as silicone or hot melt glue.” Thus, the applicant specifically recites that the elastic member is a glue and the claim recites “ an elastic connection” that when read in the light of specification is formed using “glue, dried glue or hot melt glue” and the claims does not recite specifically “ the elastic member permits relative movement “ as asserted by the applicant. The broadest reasonable interpretation of the Claim is read as a connection formed using an elastic member such as a glue which is an elastic and thus teaches as forming an “elastic connection”. The rejection is therefore maintained under 35 U.S.C 103.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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, Duc Nguyen can be reached at 5712727503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691
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