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 .
Double Patenting
2. 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 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.
5. Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of US-PAT No. 12,063,470. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2 of US-PAT No. 12,063,470 reads into the pending claims 1-3 as shown in the table 1 below. This is a nonstatutory double patenting rejection.
Table 1
Claim Under Examination (18/766577)
US-PAT No. 12,063,470
1. A sound producing package, comprising: a substrate; a covering structure disposed on the substrate, wherein the covering structure has a plurality of first openings; and a sound producing component disposed between the substrate and the covering structure, wherein the sound producing component comprises a membrane and an actuator, and the sound producing component is configured to generate an acoustic wave.
2. The sound producing package of claim 1, wherein in a first frequency response of the membrane of the sound producing component before disposing in the sound producing package, a first frequency is a minimum resonance frequency of the first frequency response of the membrane; wherein in a second frequency response of the membrane of the sound producing component after disposing in the sound producing package, a second frequency is a minimum resonance frequency of the second frequency response of the membrane; wherein the first frequency is greater than the second frequency.
1. An acoustic package structure, comprising: a substrate; a covering structure disposed on the substrate, wherein the covering structure has a plurality of first openings; and an acoustic chip disposed between the substrate and the covering structure, wherein the acoustic chip comprises a membrane and an actuator; wherein the actuator is configured to actuate the membrane by an electric signal, so as to drive the membrane to have a movement and to generate an acoustic wave; wherein in a first frequency response of the membrane of the acoustic chip before disposing in the acoustic package structure, a first frequency is a minimum resonance frequency of the first frequency response of the membrane; wherein in a second frequency response of the membrane of the acoustic chip after disposing in the acoustic package structure, a second frequency is a minimum resonance frequency of the second frequency response of the membrane; wherein the first frequency is greater than the second frequency.
3. The sound producing package of claim 2, wherein a difference between the first frequency and the second frequency is greater than or equal to 1000 Hz.
2. The acoustic package structure of claim 1, wherein a difference between the first frequency and the second frequency is greater than or equal to 1000 Hz.
Regarding claims 4-12 are objected to as being dependent upon a rejected base claim 1.
Claim Rejections - 35 USC § 103
8. 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 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.
9. 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 of this title, 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.
10. Claims 1, 6 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (hereinafter Liang) US-PG-PUB No. 2022/0014836 in view of Lin US-PG-PUB No. 20020/080990.
Regarding claim 1, Liang teaches
A sound producing package (Fig. 3 shows a wearable sound device), comprising:
a substrate (Fig. 3 shows a base BS); a covering structure (Fig. 3 shows a housing structure HSS) disposed on the substrate (i.e. base BS). Liang further teaches a sound producing component (Fig. 3 shows an acoustic transducer 100) disposed between the substrate (i.e. base BS) and the covering structure (i.e. housing structure HSS) as shown in Fig. 3, wherein the sound producing component (i.e. acoustic transducer 100) comprises a membrane (Fig. 3 shows a first membrane 110 (the film structure FS)) and an actuator (Fig. 3 shows a first actuator 120) as shown in Fig. 3, and the sound producing component (i.e. acoustic transducer 100) is configured to generate an acoustic wave (acoustic transducer 100 produces a sound at the frequency of sound……Para. [0054], Lines 1-7).
Liang does not explicitly teach that the covering structure has a plurality of first openings.
Lin teaches in Figs. 4-5 of a plurality of sound outlet meshes 42.
Liang and Lin each disclose an earphone. One of ordinary skill in the art could have modify the sound producing package of Liang with the covering structure having the plurality of openings as taught by Lin. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sound producing package of Liang with the covering structure having the plurality of openings as taught by Lin to yield the predictable result of protecting the components of the sound producing package from dust and damage while allowing sound to pass through with minimal attenuation.
Regarding claim 6, The combination of Liang and Lin teach all the features with respect to claim 1 as outlined above. Liang teaches that one of the first openings is corresponding to a center of the membrane (i.e. first membrane 110 (the film structure FS)) in a normal direction of the substrate (i.e. base BS) as shown in Fig. 3.
Regarding claim 8, The combination of Liang and Lin teach all the features with respect to claim 1 as outlined above. Lin teaches that the covering structure comprises a top part and at least one sidewall part connected to the top part, and the top part has the first openings as shown in Fig. 4.
Regarding claim 9, The combination of Liang and Lin teach all the features with respect to claim 1 as outlined above. Lin teaches that the acoustic wave passes through the first openings of the covering structure as shown in Fig. 5.
Regarding claim 10, The combination of Liang and Lin teach all the features with respect to claim 1 as outlined above. Liang teaches that the membrane is configured to perform an acoustic transformation (Para. [0052], Lines 1-3).
Regarding claim 11, The combination of Liang and Lin teach all the features with respect to claim 1 as outlined above. Liang teaches that the actuator is configured to actuate the membrane by an electric signal, so as to drive the membrane to have a movement and to generate the acoustic wave (Para. [0053], Lines 1-3).
Regarding claim 12, The combination of Liang and Lin teach all the features with respect to claim 1 as outlined above. Liang teaches that the sound producing component is a micro electro mechanical system (MEMS) chip (Para. [0067], Lines 1-10).
11. Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Liang in view of Lin and further in view of Liu et al. (hereinafter Liu) US-PG-PUB No. 2020/0033321.
Regarding claim 5, The combination of Liang and Lin teach all the features with respect to claim 1 as outlined above.
The combination of Liang and Lin do not explicitly teach that one of the first openings is situated at a center of the covering structure in a top view.
Liu teaches in Fig. 3N of a center hole 354 of a plurality of holes 352 is situated at a center of cover 350 in a top view.
The combination of Liang and Lin and Liu each disclose a sound producing package. One of ordinary skill in the art could have modify the covering structure of the combination of Liang and Lin with the one of the first openings is situated at the center of the covering structure in the top view as taught by Liu. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the covering structure of the combination of Liang and Lin with the one of the first openings is situated at the center of the covering structure in the top view as taught by Liu to yield the predictable result of allowing sound energy to pass through.
Regarding claim 7, The combination of Liang and Lin teach all the features with respect to claim 1 as outlined above.
The combination of Liang and Lin do not explicitly teach that a top-view pattern of one of the first openings is a circle.
Liu teaches in Fig. 3N of a top-view pattern of a center hole 354 of a plurality of holes 352 is a circle as shown in Figs. 3N and 3P.
The combination of Liang and Lin and Liu each disclose a sound producing package. One of ordinary skill in the art could have modify the covering structure of the combination of Liang and Lin with the one of the first openings is the circle as taught by Liu.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the covering structure of the combination of Liang and Lin with the one of the first openings is the circle as taught by Liu to yield the predictable result of allowing sound energy to pass through.
12. Claims 13-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lin US-PG-PUB No. 20020/080990 in view of Liang et al. (hereinafter Liang) US-PG-PUB No. 2022/0014836.
Regarding claim 13, Lin teaches
A covering structure (Fig. 4 shows a mesh 42), disposed or to be disposed within a sound producing package as shown in Fig. 4, the covering structure comprising: a plurality of first openings (i.e. plurality of sound outlet meshes 42), formed on the covering structure as shown in Fig. 4.
Lin does not explicitly teach that the sound producing package comprises a substrate and a sound producing component disposed on the substrate, the sound producing component comprises a membrane and an actuator, and the sound producing component is configured to generate an acoustic wave.
Liang teaches in Fig. 3 of a sound producing package (Fig. 3 shows a wearable sound device), comprising:
a substrate (Fig. 3 shows a base BS); a covering structure (Fig. 3 shows a housing structure HSS) disposed on the substrate (i.e. base BS). Liang further teaches a sound producing component (Fig. 3 shows an acoustic transducer 100) disposed between the substrate (i.e. base BS) and the covering structure (i.e. housing structure HSS) as shown in Fig. 3, wherein the sound producing component (i.e. acoustic transducer 100) comprises a membrane (Fig. 3 shows a first membrane 110 (the film structure FS)) and an actuator (Fig. 3 shows a first actuator 120) as shown in Fig. 3, and the sound producing component (i.e. acoustic transducer 100) is configured to generate an acoustic wave (acoustic transducer 100 produces a sound at the frequency of sound……Para. [0054], Lines 1-7).
Lin and Liang each disclose an earphone. One of ordinary skill in the art could have modify the sound producing package of Lin with the sound producing package comprises the substrate and the sound producing component disposed on the substrate, the sound producing component comprises the membrane and the actuator, and the sound producing component is configured to generate the acoustic wave as taught by Liang. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sound producing package of Lin with the components of the sound producing package as taught by Liang to yield the predictable result of improving the sound output of the sound producing package.
Regarding claim 14, The combination of Lin and Liang teach all the features with respect to claim 13 as outlined above. Liang teaches that the sound producing component is disposed between the substrate and the covering structure as shown in Fig. 3.
Regarding claim 15, The combination of Lin and Liang teach all the features with respect to claim 15 as outlined above. Liang teaches that the sound producing component is a micro electro mechanical system (MEMS) chip (Para. [0067], Lines 1-10).
Regarding claim 16, The combination of Lin and Liang teach all the features with respect to claim 13 as outlined above. Liang teaches that one of the first openings is corresponding to a center of the membrane (i.e. first membrane 110 (the film structure FS)) in a normal direction of the substrate (i.e. base BS) as shown in Fig. 3.
Regarding claim 19, The combination of Lin and Liang teach all the features with respect to claim 13 as outlined above. Lin teaches that the covering structure comprises a top part and at least one sidewall part connected to the top part, and the top part has the first openings as shown in Fig. 4.
Regarding claim 20, The combination of Lin and Liang teach all the features with respect to claim 13 as outlined above. Liang teaches that the sound producing component is a MEMS chip (Para. [0067], Lines 1-10).
13. Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Liang and further in view of Liu et al. (hereinafter Liu) US-PG-PUB No. 2020/0033321.
Regarding claim 17, The combination of Lin and Liang teach all the features with respect to claim 13 as outlined above.
The combination of Lin and Liang do not explicitly teach that one of the first openings is situated at a center of the covering structure in a top view.
Liu teaches in Fig. 3N of a center hole 354 of a plurality of holes 352 is situated at a center of cover 350 in a top view.
The combination of Lin and Liang and Liu each disclose a sound producing package. One of ordinary skill in the art could have modify the covering structure of the combination of Lin and Liang with the one of the first openings is situated at the center of the covering structure in the top view as taught by Liu. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the covering structure of the combination of Lin and Liang with the one of the first openings is situated at the center of the covering structure in the top view as taught by Liu to yield the predictable result of allowing sound energy to pass through.
Regarding claim 18, The combination of Lin and Liang teach all the features with respect to claim 13 as outlined above.
The combination of Lin and Liang do not explicitly teach that a top-view pattern of one of the first openings is a circle.
Liu teaches in Fig. 3N of a top-view pattern of a center hole 354 of a plurality of holes 352 is a circle as shown in Figs. 3N and 3P.
The combination of Lin and Liang and Liu each disclose a sound producing package. One of ordinary skill in the art could have modify the covering structure of the combination of Lin and Liang with the one of the first openings is the circle as taught by Liu.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the covering structure of the combination of Lin and Liang with the one of the first openings is the circle as taught by Liu to yield the predictable result of allowing sound energy to pass through.
Allowable Subject Matter
14. Regarding claims 2 and 4 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. Claim 3 is objected to as being dependent upon Claim 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELICA M MCKINNEY whose telephone number is (571)270-3321. The examiner can normally be reached 7AM-3PM EST M-F. 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.
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/ANGELICA M MCKINNEY/Primary Examiner, Art Unit 2694