DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691.
This communication is responsive to the claims filed 07/01/2024.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,895,452. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-10 of U.S. Patent No. 11,895,452 are clearly anticipated or similar in scope to the rejected claims 1-12 of the U. S. Pat. App (No. 18/761,278) with only obvious wording variations. For example:
U. S. Pat. App No. 18/761,278
U.S. Patent No. 11,895,452
1. A bone conduction microphone, comprising: a circuit board, having an acoustic channel; a housing, engaged with the circuit board for forming a containing space; a metal cover, disposed in the containing space and engaged with the circuit board for forming a first cavity, comprising a top wall spaced apart from the circuit board and a side wall disposed between the top wall and the circuit board; a vibration assembly, disposed in the containing space and engaged with the top wall for forming a second cavity, comprising a vibration member spaced apart from the top wall and a spacer member disposed between the vibration member and the top wall; a first conduction cavity, formed by the housing, the vibration assembly, the metal cover and the circuit board; and a MEMS chip, disposed in the first cavity and fixed to the circuit board, having a back cavity, wherein the acoustic channel communicates the first conduction cavity and the back cavity, a vibration of the vibration member is transmitted to one side of the MEMS chip through the first conduction cavity, the acoustic channel and the back cavity.
1. A bone conduction microphone, comprising: a housing; a circuit board engaging with the housing for forming a containment space, and including an acoustic channel; a vibration assembly located in the containment space for dividing the containment space into a first conduction cavity and a second conduction cavity which are respectively communicated with the acoustic channel, the vibration assembly including a vibration member spaced from the circuit board, and a frame connecting the vibration member and the circuit board; the frame, the vibration member and the circuit board being enclosed with the housing for forming the first conduction cavity; the frame, the vibration member and the circuit board being jointly enclosed for forming the second conduction cavity; a MEMS chip located in the second conduction cavity and fixed to the circuit board, and including a vibration diaphragm between the circuit board and the vibration member; wherein a vibration of the vibration member is conducted to one side of the vibration diaphragm through the first conduction cavity and the acoustic channel, and the vibration of the vibration member is also conducted to the other side of the vibration diaphragm through the second conduction cavity.
Allowable Subject Matter
Claims 1-12 are allowable, if a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome the above 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a PTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the 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 on 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.
/SUHAN NI/Primary Examiner, Art Unit 2691
Prosecution Insights