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 .
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, 2, 6 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi et al. (WO 2017/022254) herein Takahashi.
Regarding claim 1, Takahashi discloses a speaker (voice output device 1, Figs. 1-17), comprising: a speaker unit (speaker unit 30, Figs. 1-17); and a holding member holding the speaker unit and configured to be attached to an attachment target (holding member 24+50+33+32 holds speaker unit 30 and configured to be attached to an attachment target 2/7, Figs. 5B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 12A, 12B, 13-17) wherein the holding member comprises: a holding portion configuring an open-side portion of the holding member, the holding portion including an open-side end portion and holding an outer peripheral portion of the speaker unit (holding portion 32 configured an open-side portion of the holding member, holding portion 32 includes an open-side end portion and holds an outer peripheral portion of the speaker unit 30, Fig. 10); an attachment overhang portion overhanging outward from the open-side end portion of the holding portion, and including an affixed portion that is configured to be fixed to the attachment target and to a connecting portion that connects the open-side end portion of the holding portion and the affixed portion (attachment overhang portion 24 overhangs outward from the open-side end portion of the holding portion 32 and includes an affixed portion that is configured to be fixed to the attachment target 2 and has a connecting portion 33 that connects the open-side end portion 32 of the holding portion and the affixed portion, Fig. 5B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 12A, 12B, 13-17); and a rear-side cavity forming portion formed continuously with the holding portion, the rear-side cavity forming portion forming a cavity at a rear surface side of the speaker unit (holding portion 32 has a rear-side cavity forming portion formed continuously with it, and forms a cavity at a rear surface side of the speaker unit 30, Figs: 5B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 12A, 12B, 13-17), wherein an elastic portion formed from a first material, which is an elastic material, is provided at least at the connecting portion of the attachment overhang portion (vibration absorbing material 50 may use a spring member or an elastic member other than a spring member (i.e. sponge or a resin) provided at the connection portion of the attachment overhang portion, [0036], Figs: 5B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 12A, 12B, 13-17) and a rigid portion that is formed from a second material, which is harder than the first material, is provided at least at the rear-side cavity forming portion, such that a rigidity of the rear-side cavity forming portion is higher than a rigidity of the connecting portion (it is explicitly implied that the holding portion 32 has a rigid portion formed of a second material that is harder than a sponge or resin in order to support/hold the speaker, Figs: 5B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 12A, 12B, 13-17).
Regarding claim 2, Takahashi discloses wherein: the elastic portion is provided at an area that includes the open-side end portion of the holding portion (elastic portion 50 is provided at an area that includes the open-side end portion of the holding portion 32, Figs: 5B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 12A, 12B, 13-17); and the open-side end portion of the holding portion includes a front-side contact portion that extends to an inner side of an opening of the holding member and that contacts a front-side outer peripheral portion of the speaker unit (open-side end portion of the holding portion 32 includes a front-side contact adhesion portion which is extended to the inner side of the opening of the holding member such that it contacts a front-side outer peripheral portion of the speaker unit 30, Figs: 5B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 12A, 12B, 13-17).
Regarding claims 6, and 14, Takahashi discloses wherein at least part of the affixed portion is formed from a material that is harder than the first material (it is explicitly implied that the affixed portion 24 would be formed of a material harder than the vibration absorbing material 50 as it is a rigid portion used to anchor the speaker 30, Figs: 5B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 12A, 12B, 13-17).
Allowable Subject Matter
Claims 3-5, 7-13, and 15-19 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 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, Duc Nguyen can be reached at (571)272-7503. 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.
/SEAN H NGUYEN/Primary Examiner, Art Unit 2691