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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-14 in the reply filed on March 07, 2026 is acknowledged.
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.
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Claims 1, 11 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9 and 12 of U.S. Patent No. 11665484 in view of Xu et al. (US20240007793A1).
As to Claim 1, Chen teaches all limitation of current application but does not explicitly teach the diaphragm comprises an etching pattern recessed form a first surface of the diaphragm. However, Xu in related field (micro speaker) teaches the diaphragm 102 is disposed on the substrate 100 and can vibrate up and down in the normal direction of the substrate 100. The multilayer coil 104 is embedded in the diaphragm 102. the diaphragm 102 may include a main body 101 and an etching pattern 103 on the main body 101. The etching pattern 103 may be a pattern etched from a surface (e.g. top surface) of the diaphragm 102 for changing the characteristic of the diaphragm 102 to enhance the sensitivity of the package structure 10 of the micro speaker. In some embodiments, the etching pattern 103 may overlap the multilayer coil 104. In some embodiments, etching pattern 103 may not overlap the multilayer coil 104, depending on design requirement. See at least [0039]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the diaphragm as taught by Chen to include an etching pattern, etched from the diaphragm surface to change the characteristics of the diaphragm to enhance the sensitivity of the package structure. See at least [0039]. Chen in view of Xu does not explicitly teach the etching pattern is recessed from a first surface of diaphragm that faces the substrate 160. However, forming an etching pattern anywhere on the diaphragm’s surface depends on the design requirement and it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to form the etching pattern on the bottom surface facing the permanent magnet 170 to achieve desired sensitivity of the package structure.
Current application:18775410
USPatent-11665484
A micro speaker structure, comprising: a substrate having a hollow chamber; a diaphragm disposed over the substrate and covering the hollow chamber, wherein the diaphragm comprises an etching pattern recessed form a first surface of the diaphragm; a coil embedded in the diaphragm; a carrier board disposed on a bottom surface of the substrate; and a first permanent magnetic element disposed on the carrier board and in the hollow chamber, wherein the first surface of the diaphragm faces the first permanent magnetic element.
11. The micro speaker structure as claimed in claim 1, further comprising: a lid wrapped around the substrate and the diaphragm, wherein the lid has a lid opening that exposes a portion of a second surface of the diaphragm opposite the first surface.
14. The micro speaker structure as claimed in claim 1, wherein the coil comprises a first metal layer and a second metal layer, and wherein the first metal layer has a spiral structure surrounding a central axis of the diaphragm, and the second metal layer crosses over the spiral structure of the first metal layer and is electrically connected to the first metal layer.
1. A package structure of a micro speaker, comprising: a substrate having a hollow chamber; a diaphragm suspended over the hollow chamber; a coil embedded in the diaphragm; a carrier board disposed on a bottom surface of the substrate; a first permanent magnetic element disposed on the carrier board and in the hollow chamber; a lid wrapped around the substrate and the diaphragm, wherein an end of the lid exposes a portion of a top surface of the diaphragm; and a second permanent magnetic element disposed above the diaphragm.
9. The package structure of the micro speaker as claimed in claim 1, wherein the coil comprises a first metal layer and a second metal layer, and the first metal layer is electrically connected to the second metal layer in an opening of the diaphragm.
12. The package structure of the micro speaker as claimed in claim 9, wherein the first metal layer comprises a spiral structure surrounding a central axis of the diaphragm, and the second metal layer crosses the spiral structure and is electrically connected to the first metal layer.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claims 1, 2, 4, 6, 8 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 20220141595A1), hereinafter Chen in view of Xu et al. (US20240007793A1).
As to Claim 1, Chen teaches a micro speaker structure ( a package structure of a micro speaker), comprising: a substrate having a hollow chamber ( Figure 1B, substrate having hollow chamber 150, [0051]); a diaphragm (diaphragm 102) disposed over the substrate ( substrate 100) and covering the hollow chamber( hollow chamber 150), wherein the diaphragm( diaphragm 102 a coil embedded in the diaphragm( [0035] teaches the diaphragm 102 is disposed on the substrate 100 and can vibrate up and down in the normal direction of the substrate 100. The multilayer coil 104 is embedded in the diaphragm 102); a carrier board (carrier board 160) disposed on a bottom surface of the substrate (substrate 100); and a first permanent magnetic element(170) disposed on the carrier board( 160) and in the hollow chamber (150), See at least FIG. 1B, the first permanent magnetic element 170 is disposed below the diaphragm 102, and the second permanent magnetic element 180 is disposed above the diaphragm 102. , [0034]), wherein the first surface of the diaphragm( diaphragm 102) faces the first permanent magnetic element( 170). Chen does not explicitly teach the diaphragm 102 comprises an etching pattern recessed form a first surface of the diaphragm. Xu in related field (micro speaker) teaches the diaphragm 102 is disposed on the substrate 100 and can vibrate up and down in the normal direction of the substrate 100. The multilayer coil 104 is embedded in the diaphragm 102. the diaphragm 102 may include a main body 101 and an etching pattern 103 on the main body 101. The etching pattern 103 may be a pattern etched from a surface (e.g. top surface) of the diaphragm 102 for changing the characteristic of the diaphragm 102 to enhance the sensitivity of the package structure 10 of the micro speaker. In some embodiments, the etching pattern 103 may overlap the multilayer coil 104. In some embodiments, etching pattern 103 may not overlap the multilayer coil 104, depending on design requirement. See at least [0039]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the diaphragm as taught by Chen to include an etching pattern, etched from the diaphragm surface to change the characteristics of the diaphragm to enhance the sensitivity of the package structure. See at least [0039]. Chen in view of Xu does not explicitly teach the etching pattern is recessed from a first surface of diaphragm that faces the substrate 160. However, forming an etching pattern anywhere on the diaphragm’s surface depends on the design requirement and it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to form the etching pattern on the bottom surface facing the permanent magnet 170 to achieve desired sensitivity of the package structure.
As to Claim 2, Chen in view of Xu teaches the limitations of Claim 1and wherein a thickness of the etching pattern is smaller than a thickness of the diaphragm (as shown on Figure 1B of Xu, the thickness of etching pattern 103 (T2) is less than the thickness (T1) of diaphragm 102, [0040]).
As to Claim 4, Chen in view of Xu teaches the limitations of Claim 1, and Xu further teaches wherein the etching pattern (Figure 1B of Xu, etching pattern 103) is spaced apart from the coil (multilayer coil 104) when viewed in a plan view.
As to Claim 6, Chen in view of Xu teaches the limitations of Claim 1, and, wherein the etching pattern comprises an annular, arc-shaped, slit-shaped, teardrop-shaped, strip-shaped, or circular recess, Xu teaches on [0017] he etching pattern may be teardrop-shaped or it may be slit-shaped.
As to Claim 8, Chen in view of Xu teaches the limitations of Claim 1, and wherein the diaphragm comprises a non-photosensitive polymer material, Xu teaches on [0005] the diaphragm includes polydimethylsiloxane (PDMS), phenolic epoxy resin, polyimide, or a combination thereof.
As to Claim 10, Chen in view of Xu teaches the limitations of Claim 1, and Chen further teaches wherein the carrier board (Figure 1B, carrier substrate 150) comprises one or more vent holes (vent holes 151, [0052]), and the one or more vent holes (vent holes 151) allow the hollow chamber to communicate with an external environment (The carrier 160 board includes air holes 151 which allow the hollow chamber 150 to communicate with the external environment. See at least [0052], Figures 3E, 1B.
As to Claim 11, Chen in view of Xu teaches the limitations of Claim 1, and, further comprising: a lid wrapped around the substrate and the diaphragm, wherein the lid has a lid opening that exposes a portion of a second surface of the diaphragm opposite the first surface, Chen further teaches on [0053] a lid 108 is disposed on the carrier board 160. The lid 108 wraps around the substrate 100 and the diaphragm 102, and the end 108A of the lid 108 exposes a portion of the top surface of the diaphragm 102.
As to Claim 12, Chen in view of Xu teaches the limitations of Claim 1, and Chen further comprising: a second permanent magnetic element (180) disposed on the lid, wherein the diaphragm (FIG. 3F, the second permanent magnetic element 180 is disposed above the diaphragm 102. In some embodiments, the second permanent magnetic element 180 is disposed under the end 108A of the lid. The second permanent magnetic element 180 and the first permanent magnetic element 170 attract each other to increase the deflection of the planar magnetic field, [0054], and the coil (multilayer coil 104) are located between the first permanent magnetic element (170) and the second permanent magnetic element (180). See at least Chen on 1B.
As to Claim 13, Chen in view of Xu teaches the limitations of Claim 1, and, wherein the second permanent magnetic element (second permanent magnet 180) is disposed under the lid (108, See at least Chen on Figure 1B) opening.
As to Claim 14, Chen in view of Xu teaches the limitations of Claim 1, and, wherein the coil comprises a first metal layer and a second metal layer, and wherein the first metal layer has a spiral structure surrounding a central axis of the diaphragm, and the second metal layer crosses over the spiral structure of the first metal layer and is electrically connected to the first metal layer, Chen teaches on [0036] and [0037] The multilayer coil 104 includes a first metal layer 105 and a second metal layer 106. The first metal layer 105 is electrically connected to the second metal layer 106 in an opening 111 of the diaphragm 102 to transmit electrical signals and control the operation of the package structure 10 of the micro speaker. [0037] teaches the first metal layer 105 includes a spiral structure 105A located in the center of the diaphragm 102 and a wavy structure 105B extending from the spiral structure 105A to the periphery of the diaphragm 102. The spiral structure 105A surrounds the central axis O of the diaphragm 102, and the wavy structure 105B connects the spiral structure 105A to the opening 111. By providing the wavy structure 105B, the diaphragm 102 can be more flexible and the difficulty of vibration can be reduced.
Allowable Subject Matter
Claims 3, 5, 7, 9 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 5712727503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691