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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Fukuda (US 2016/0044395 A1).
Regarding claim 1, Fukuda anticipates:
“A bone conduction speaker unit” (see Fukuda, figures 1 and 6, and ¶ 0029 and 0046, which teaches a bone conduction speaker unit) “comprising:
a base frame” (see Fukuda, figure 6, unit 1 and ¶ 0032 and 0046, where a housing reads on the base frame);
“a low-resilience annular body fixed to a top surface of the base frame” (see Fukuda, figure 6, unit 3 and ¶ 0032 and 0046, where an elastic cover is on the top face of the housing, or base frame, and the elastic cover is comprised of a low-resilience material, such as rubber, silicone rubber, urethane rubber, or the like);
“a damping material fitted into the base frame” (see Fukuda, figure 4, unit 4, figure 6, units 4 and 8, and ¶ 0034, 0037-0038, and 0046-0047, where an elastic base is bonded on the housing and a recess part below the damping material provides isolation from vibrations from a bone conduction speaker body being transmitted to the housing);
“a bone conduction speaker body disposed on the damping material so as to be surrounded by the low-resilience annular body” (see Fukuda, figure 6, units 2-4 and ¶ 0032 and 0046, where a bone conduction speaker main body is bonded to the elastic base and surrounded by the elastic cover); and
“a contact disposed on the low-resilience annular body so as to cover the bone conduction speaker body” (see Fukuda, figure 6, unit 5 and ¶ 0048, where a contact is provided on the elastic cover, such that the contact covers the bone conduction speaker body),
“wherein the contact contacts a top surface serving as a vibration surface of the bone conduction speaker body when the contact receives a load” (see Fukuda, figure 6, units 2, 5, 17, and 22, and ¶ 0048-0049, when a pressing force is applied to the elastic cover and the contact, the contact presses against the top of the bone conduction speaker body and vibrations are transmitted through the contact and the elastic cover), and
“wherein the contact leaves the vibration surface of the bone conduction speaker body when the load is eliminated” (see Fukuda, figure 6, units 2, 5, 17, and 22, and ¶ 0048, when a pressing force is not applied to the elastic cover and the contact, the contact is separated from the top of the bone conduction speaker body by a gap and vibrations are not transmitted, and unintended sound leakage is prevented when the load is eliminated).
Regarding claim 2, see the preceding rejection with respect to claim 1 above. Fukuda anticipates the “bone conduction speaker unit of claim 1,
wherein the contact contacts the top surface serving as the vibration surface of the bone conduction speaker body when the contact receives the load and presses the low-resilience annular body” (see Fukuda, figure 6, units 2-3, 5, 17, and 22, and ¶ 0048-0049, when a pressing force is applied to the elastic cover and the contact, the contact presses against the top of the bone conduction speaker body and vibrations are transmitted through the contact and the elastic cover), and
“wherein the contacts leaves the vibration surface of the bone conduction speaker body when the load is eliminated and the low-resilience annular body is restored due to elasticity thereof” (see Fukuda, figure 6, units 2-3, 5, 17, and 22, and ¶ 0032 and 0048, when a pressing force is not applied to the elastic cover and the contact, the contact is separated from the top of the bone conduction speaker body by a gap and vibrations are not transmitted, unintended sound leakage is prevented when the load is eliminated, and the elastic cover restores itself to an original shape because it is comprised of the low-resilience material, such as rubber, silicone rubber, urethane rubber, or the like).
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda as applied to claim 1 above.
Regarding claim 3, see the preceding rejection with respect to claim 1 above. Fukuda anticipates the “bone conduction speaker unit of claim 1”, where the contact is comprised of a hard resin (see Fukuda, ¶ 0039). Fukuda does not appear to teach that “the contact has elasticity”.
However, Fukuda teaches an elastic plate on the bone conduction speaker body that touches the contact when a pressing force is applied, such that the elastic plate, the contact, and the cover are vibrated to transmit vibrations to a user’s bone (see Fukuda, figure 6, units 2-3, 5, 17, and 22, and ¶ 0048-0049). Fukuda teaches that the elastic plate is comprised of the same material as the elastic base, such that it is comprised of a foamed material or a rubber material (see Fukuda, ¶ 0034 and 0040). One of ordinary skill in the art at the time of the effective filing date would find that the composition of the contact is a design choice, and because the contact touches the elastic plate when a force is applied, it would have been obvious to use a contact of a rubber material and expect similar operation, where vibrations are transmitted from the bone conduction speaker through the elastic plate to the contact and the elastic cover (see Fukuda, figure 2, units 2-3 and 22, figure 6, units 2-3, 5, 17, and 22, and ¶ 0040 and 0048-0049).
Therefore, Fukuda makes obvious the features:
“wherein the contact has elasticity” (see Fukuda, figure 2, units 2-3 and 22, figure 6, units 2-3, 5, 17, and 22, and ¶ 0040 and 0048-0049, wherein it is obvious to use a contact of a rubber material and expect similar operation, where vibrations are transmitted from the bone conduction speaker through the elastic plate to the contact and the elastic cover),
“wherein the contact contacts the top surface serving as the vibration surface of the bone conduction speaker body when the contact receives the load and presses the low-resilience annular body while being deformed” (see Fukuda, figure 6, units 2-3, 5, 17, and 22, and ¶ 0048-0049, when a pressing force is applied to the elastic cover and the contact, the contact presses against the top of the bone conduction speaker body via the elastic plate, and vibrations are transmitted through the elastic plate, contact, and the elastic cover), and
“wherein the contacts leaves the vibration surface of the bone conduction speaker body when the load is eliminated and the contact and the low-resilience annular body are restored due to elasticity thereof” (see Fukuda, figure 6, units 2-3, 5, 17, and 22, and ¶ 0032 and 0048, when a pressing force is not applied to the elastic cover and the contact, the contact is separated from the top of the bone conduction speaker body and the elastic plate by a gap, vibrations are not transmitted, unintended sound leakage is prevented when the load is eliminated, and the elastic cover restores itself to an original shape because it is comprised of the low-resilience material, such as rubber, silicone rubber, urethane rubber, or the like).
Allowable Subject Matter
Claims 4-7 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 and not relied upon is considered pertinent to applicant's disclosure.
Ochiai et al. (US 2007/0053530 A1 and hereafter Ochiai) teaches bone conduction speaker devices in the prior art where sound leakage was suppressed by placing the bone conduction speakers on a vibration-isolating body (see Ochiai, figures 10-11 and ¶ 0006-0007);
Fukuda (US 2015/0264473 A1) teaches similar features to the prior art of Fukuda cited in the 35 USC 102 and 103 rejection (see abstract and figures 1-4); and
Kunimoto et al. (US 2015/0319526 A1 and hereafter Kunimoto) teaches a bone conduction speaker enclosed between a first and second elastic member, where the elastic members are contained within a first and second housing structure (see Kunimoto, abstract, figures 2-4, 6, 7A-B, 9A-B, and 11A-B, and ¶ 0024-0028, and 0034).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel R Sellers whose telephone number is (571)272-7528. The examiner can normally be reached Mon - Fri 10:00-4:00.
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/Daniel R Sellers/Primary Examiner, Art Unit 2694