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 .
DETAILED ACTION
Claims 1-14 are presented for examination.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Sound Output Device with Waveguide Comprising Path Change Structure Reflecting Sound.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11 and 16, respectively, of U.S. Patent No. 12028677. Although the claims at issue are not identical, they are not patentably distinct from each other because when claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761.
Instant App
‘677
1. A sound output device comprising: a speaker configured to generate sound;
1. A sound output device comprising: a speaker configured to generate sound;
a guide tube formed in a shape of a hollow tube, the guide tube configured to receive the sound generated from the speaker, through an end of the guide tube, and output the received sound; and
a guide tube formed in a shape of a hollow tube, the guide tube configured to receive the sound generated from the speaker, through an end of the guide tube, and output the received sound; and
a waveguide disposed between the speaker and the guide tube, wherein the waveguide comprises:
a waveguide disposed between the speaker and the guide tube, wherein the waveguide comprises:
a throat tube configured to connect the speaker and the guide tube to each other, and formed in a shape of a hollow tube, and
a throat tube configured to connect the speaker and the guide tube to each other, and formed in a shape of a hollow tube, and
at least one path change structure configured to adjust a predetermined frequency band of the sound in a process of transmitting the sound generated from the speaker to the guide tube,
at least one path change structure configured to adjust a predetermined frequency band of the sound in a process of transmitting the sound generated from the speaker to the guide tube,
wherein the at least one path change structure is disposed outside the throat tube, comprises a first end that is open and connected to the speaker, and further comprises a second end, opposite to the first end, that is closed, and
wherein the at least one path change structure is disposed outside the throat tube, comprises a first end that is open and connected to the speaker, and further comprises a second end, opposite to the first end, that is closed,
wherein the throat tube comprises a throat that is configured to guide the sound that is previously reflected from the second end of the at least one path change member and then discharged back to the throat tube via the first end.
11. wherein the throat tube comprises a throat that is configured to guide the sound that is previously reflected from the second end of the at least one path change member and then discharged back to the throat tube via the first end.
wherein the first end is configured to receive first sound of the sound that is generated by the speaker, and wherein the second end, that is closed, is configured to reflect the first sound, that travels into the first end, back to the first end.
Regarding the above double patenting rejections, one of ordinary skill in the art would find similar mappings between claim 11 of the instant application and claim 16 of Patent '677; however, the mappings have been omitted for the sake of brevity.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1 and 11 recite a throat of the throat tube guiding a previously reflected sound being discharged back to the throat tube, however, there is no discussion of this in the original disclosure. Paras 0066 and 0067 state that sound is reflected at a closed end of a path change member and moves back toward an inlet along an extension path, but there is nothing that indicates that such sound makes its way back to the throat tube and that the throat then guides such sound. The sound that moves “toward” the inlet does not necessarily reach the inlet, nor does it necessarily subsequently move to the throat tube. At some point, reflected sound will dissipate and/or get absorbed and will not continue to travel. It is possible that the reflected sound of the disclosure would cease movement before it ever got to the throat tube. Claims 2-10 and 14 depend from claim 1 and claims 12-13 depend from claim 11, therefore, they are rejected for the same reasons.
Allowable Subject Matter
Claims 1-14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action. Examiner notes that allowable subject matter will be revisited upon amendment.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jung et al. US Publication No. 20180167724 (from IDS)
Kasajima et al. US Patent No. 5432860 (from IDS).
Jung et al. teaches a sound output device comprising: a speaker configured to generate sound (Fig. 3: driver unit 11; para 0055: “a directional speaker 1 according to an exemplary embodiment includes a driver unit 11 (e.g., driver) configured to generate a sound”); a guide tube formed in a shape of a hollow tube, the guide tube configured to receive the sound generated from the speaker, through an end of the guide tube, and output the received sound (Fig. 3: guide tube 12; para 0011: “a guide tube having a hollow tube shape with a first end and a second end that is open, the guide tube configured to guide the sound generated by the driver and received via the first end“); and a waveguide disposed between the speaker and the guide tube (Fig. 3: throat tube 13 disposed between driver 11 and guide tube 12), wherein the waveguide comprises: a throat tube configured to connect the speaker and the guide tube to each other (Fig. 3: throat tube 13 connects driver 11 and guide tube 12), and formed in a shape of a hollow tube (para 0016: “a throat tube having a hollow tube shape”).
Kasajima et al. teaches a sound output device comprising: a waveguide, wherein the waveguide comprises: a throat tube and at least one path change structure (Fig. 7: acoustic labyrinths 46-1, 46-2 on sides of horn in front of speaker) configured to adjust a predetermined frequency band of the sound in a process of transmitting the sound generated from the speaker to the guide tube (Column 4, Lines 30-32: “The acoustic labyrinths can lengthen paths through which the reflected sounds pass so that much lower tones can be intensified.”), wherein the at least one path change structure is disposed outside the throat tube (Fig. 7: acoustic labyrinths 46-1, 46-2 on sides of horn in front of speaker).
However, Jung et al. and Kasajima et al. do not, alone or in combination with other prior art of record, teach the at least one path change structure comprises a first end that is open and connected to the speaker, and further comprises a second end, opposite to the first end, that is closed, and wherein the throat tube comprises a throat that is configured to guide the sound that is previously reflected from the second end of the at least one path change member and then discharged back to the throat tube via the first end. in combination with other recited elements in the claim. Claim 11 has allowable subject matter for the same reasons.
Claims 2-10 and 14 and claims 12-13, which depend on claims 1 and 11, respectively, are narrower in scope than claims 1 and 11, respectively, and therefore, Jung et al and Kasajima et al. alone or in combination with other prior art of record, do not teach or make obvious to combine the further limitations.
Conclusion
Examiner respectfully requests, in response to this Office Action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line number(s) in the specification and/or drawing figure(s). This will assist Examiner in prosecuting the application.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections. See 37 CFR 1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE A FALEY whose telephone number is (571)272-3453. The examiner can normally be reached on Monday to Wednesday, 9am-5pm.
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/KATHERINE A FALEY/Primary Examiner, Art Unit 2693
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