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 .
Claims filed 6-27-2024
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 1-10 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of copending Application No. 18/757356
While the claims are not identical, the claims of the copending Application No. 18/757356 include all the elements of the instant claims with obvious wording variation (see table below). This is provisional nonstatutory double patenting rejection since the claims of this case encompass the scope of the copending Application No. 18/757356 have not in fact been patented.
Instant Application 18/757372
Copending Application 18/757356
A speaker, comprising: a shell having a containing space;
a sounding unit disposed in the containing space and dividing the containing space into a front cavity and a back cavity; and
a fixing member,
wherein the shell comprises an upper shell and a lower shell engaged with the upper shell;
the upper shell is provided with a sound outlet for communicating
the front cavity and the outside;
the sounding unit comprises a frame and
a vibration system and a magnetic circuit system that are fixed to the frame;
the vibration system comprises a vibration member fixed to the frame and a voice coil for driving the vibration member for vibrating and emitting sounds;
the vibration member comprises a rubber diaphragm and a dome fixed to the rubber diaphragm;
the rubber diaphragm comprises an inner suspension, an outer
suspension and a main body connecting the inner suspension and the outer
suspension and covering the dome;
the magnetic circuit system comprises a bottom plate, a center magnetic member fixed to the bottom plate and a side magnetic member disposed around the center magnetic member for forming a magnetic gap;
the inner suspension comprises an inner fixing part fixed to the center magnetic member;
the fixing member connects the inner fixing part and the upper shell;
the dome comprises a first side close to the sound outlet and a second side far away from the sound outlet; the first side and the second side are respectively arranged at two opposite sides of the fixing member;
the main body of the rubber diaphragm at the second side of the dome is provided with a notched part formed by removing rubber of the rubber diaphragm for balancing amplitudes of the first side and the second side.
An integrated sounding device, comprising:
a housing having a containing space;
a speaker unit disposed in the containing space and dividing the containing space into a front cavity and a back cavity; and
a fixing member,
wherein the housing comprises an upper housing and a lower housing engaged with the upper housing;
a side of the upper housing is provided with a sound outlet communicating with the front cavity;
the speaker unit comprises a frame, a vibration system fixed to the frame and a magnetic circuit system for driving the vibration system;
the magnetic circuit system comprises a bottom plate spaced apart from the lower housing, a main magnetic member disposed on the bottom plate and a secondary magnetic member disposed around the main magnetic member for forming a magnetic gap;
the vibration system comprises a diaphragm fixed to the frame and a voice coil locates in the magnetic gap;
the diaphragm comprises a first suspension fixed to the frame, a second suspension surrounded by the first suspension and a dome connecting the first suspension and the second suspension;
the second suspension comprises an inner fixing part fixed to the main magnetic member;
the fixing member connects the inner fixing part and the upper housing; the dome comprises a first side close to the sound outlet and
a second side far away from the sound outlet; the first side and the second side are respectively arranged at one pair of opposite sides of the fixing member; the first side is provided with a first groove, and
the second side is provided with a second groove; a filler for balancing amplitudes of the first side and the second side is provided in the first groove.
9. The speaker as described in claim 1, wherein the lower shell is provided with a leakage hole communicating the back cavity and the outside.
7. The integrated sounding device as described in claim 1, wherein the lower housing is provided with a leakage hole communicating the back cavity and the outside.
10. The speaker as described in claim 2, wherein the second center magnet and the third center magnet are integrated.
10. The integrated sounding device as described in claim 4, wherein the second main magnet and the third main magnet are integrated.
Claims 2-8 are rejected because they are depending on the base claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE X DANG whose telephone number is (571)272-0040. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R 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.
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/JULIE X DANG/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692