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 7-3-2024
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8-28-2024 was filed after the mailing date of the application filed on 7-3-2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 and 13 objected to because of the following informalities:
Claim 1, line 7 “wherein the connecting element” should change to “wherein the drivable connecting element”; line 9 “for connecting the connecting element” should change to “for connecting the drivable connecting element”.
Claim 13, line 8 “wherein the connecting element” should change to “the drivable connecting element; line 10, “the base structure for connecting the connecting element” should change to “the base structure for connecting the drivable connecting element”. Appropriate correction is required.
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 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 2024/0425358 (Application 18/739,403). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of this case encompass the scope of the U.S. Patent No. 2024/0425358 (Application 18/739,403). With obvious wording variations.
Instant Application
2024/0425358 (Application 18/739,403).
1.A microelectromechanical device for generating a fluid pressure, comprising:
a displacer unit including a movable displacer element which can be deflected to generate the fluid pressure using a drivable connecting element acting on the displacer element;
wherein the connecting element has a base structure and a coupling structure connected to the base structure for connecting the connecting element to the displacer element, and wherein the base structure includes a mass reduction portion with a material recess.
1. A microelectromechanical device for generating a fluid pressure, comprising:
a displacement structure, the displacement structure including a movable membrane which can be deflected to generate the fluid pressure via a drivable connection structure acting on the membrane, and wherein the connection structure includes a drive element and a deflection element connecting the membrane to the drive element, wherein the deflection element has a lower flexural rigidity than the drive element and is elastically deformable when the membrane is deflected.
13, A microelectromechanical loudspeaker, comprising:
a microelectromechanical device for generating a fluid pressure,
including: a displacer unit including a movable displacer element which can be deflected to generate the fluid pressure using a drivable connecting element acting on the displacer element,
wherein the connecting element has a base structure and a coupling structure connected to the base structure for connecting the connecting element to the displacer element, and
wherein the base structure includes a mass reduction portion with a material recess,
wherein the displacer unit is configured to generate sound pressure as the fluid pressure; and a signal processing unit configured to apply and process signals from the microelectromechanical device.
15. A microelectromechanical loudspeaker, comprising: a microelectromechanical device for generating a fluid pressure, including: a displacement structure, the displacement structure including a movable membrane which can be deflected to generate the fluid pressure via a drivable connection structure acting on the membrane, and wherein the connection structure includes a drive element and a deflection element connecting the membrane to the drive element, wherein the deflection element has a lower flexural rigidity than the drive element and is elastically deformable when the membrane is deflected, wherein the displacement structure is configured to generate sound pressure as the fluid pressure; and a signal processing unit configured to apply and process signals from the microelectromechanical device.
Claims 2-12 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.
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, 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.
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.
/JULIE X DANG/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692