DETAILED ACTION
In the response to this office action, the examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the examiner in prosecuting this application.
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
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 and 7-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of copending Application No. 18/474348 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they only contain obvious variations of wording or obvious differences.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1 of present application
Application 18/474348
1. A semiconductor device comprising:
a first output terminal coupled to a first terminal of a sound reproduction device;
a second output terminal coupled to a second terminal of the sound reproduction device;
1. A semiconductor device comprising:
a first output terminal coupled to a first terminal of a sound reproduction device;
a second output terminal coupled to a second terminal of the sound reproduction device;
a modulation circuit that, in a first operation mode, modulates a signal based on a sound source signal to output a first modulated signal and a second modulated signal;
a modulation circuit configured to modulate a signal based on a sound source signal to output a first modulated signal and a second modulated signal;
a test signal generation circuit that, in a second operation mode, modulates a test signal of which a frequency is changed in a frequency band set in advance, to generate a third modulated signal and a fourth modulated signal;
an amplification circuit that, in the first operation mode, outputs a first amplified signal obtained by amplifying the first modulated signal to the first output terminal and outputs a second amplified signal obtained by amplifying the second modulated signal to the second output terminal and that, in the second operation mode, outputs a third amplified signal obtained by amplifying the third modulated signal to the first output terminal and outputs a fourth amplified signal obtained by amplifying the fourth modulated signal to the second output terminal;
a first amplifier circuit configured to output a first amplified signal obtained by amplifying the first modulated signal to the first output terminal in a first operation mode;
a second amplifier circuit configured to output a second amplified signal obtained by amplifying the second modulated signal to the second output terminal in the first operation mode;
a test signal generation circuit configured to modulate a test signal in which a frequency is changed in a preset frequency band to generate a third modulated signal and a fourth modulated signal in a second operation mode; and
a peak frequency detection circuit that, in the second operation mode, measures a potential difference between the first output terminal and the second output terminal to detect a peak frequency that is a frequency of the test signal at which an impedance of the sound reproduction device reaches a peak; and
a peak frequency detection circuit configured to measure a potential difference between the first output terminal and the second output terminal, and detect a frequency range including a peak frequency that is the frequency of the test signal at which an impedance of the sound reproduction device peaks in the second operation mode, wherein
the first amplifier circuit outputs a third amplified signal obtained by amplifying the third modulated signal to the second output terminal in the second operation mode,
the second amplifier circuit outputs a fourth amplified signal obtained by amplifying the fourth modulated signal to the second output terminal in the second operation mode,
the first amplifier circuit includes a plurality of inverter circuits each having an output terminal coupled to the first output terminal,
the second amplifier circuit includes a plurality of inverter circuits each having an output terminal coupled to the second output terminal,
in the first operation mode, the first modulated signal is input to input terminals of the plurality of inverter circuits provided in the first amplifier circuit, and the second modulated signal is input to input terminals of the plurality of inverter circuits provided in the second amplifier circuit, and
in the second operation mode, the third modulated signal is input to input terminals of some of the plurality of inverter circuits provided in the first amplifier circuit, output terminals of other inverter circuits among the plurality of inverter circuits provided in the first amplifier circuit have high impedances, the fourth modulated signal is input to input terminals of some of the plurality of inverter circuits provided in the second amplifier circuit, and output terminals of other inverter circuits among the plurality of inverter circuits provided in the second amplifier circuit have high impedances.
a determination circuit that, in the second operation mode, determines whether or not the peak frequency is included in a reference frequency range determined based on the frequency band of the test signal and temperature information that is information on a temperature of the sound reproduction device.
5. The semiconductor device according to claim 1, wherein in the second operation mode, the test signal generation circuit generates the third modulated signal and the fourth modulated signal by modulating the test signal in which a frequency is changed in a first frequency band included in the frequency band, and then a frequency is changed in a second frequency band other than the first frequency band included in the frequency band, and the first frequency band includes the peak frequency when the sound reproduction device is normal.
Regarding claim 1 of the present invention as above, claim 5 of 18/474348 (which contains all the limitations of claim 1 of 18/474348 due to dependency) teaches all of the limitations except for making the determination whether or not the peak frequency is included in a reference frequency range. The application are to essentially the same subject matter except the present application makes a determination. It would have been obvious to the designer that any safety testing may be performed on the data at their preference. This includes wherein whether the peak frequency is in a range of “when the sound reproduction device is normal” (as in claim 5 of 18/474348). Therefore at the time of filing, it would have been obvious to one of ordinary skill in the art to further comprise making a determination whether or not the peak frequency is included in the reference frequency range.
Claims 10, 11, and 13 are provisionally rejected in an analogous manner to claim 1.
The limitations of claims 7-9 are found in claims 2-4 of application 18/474348 respectively.
Regarding claim 12, it would have been obvious to the designer that the output volumes could be at any level of their choosing at their preference. Therefore at the time of filing, it would have been obvious to one of ordinary skill in the art to further comprise wherein a volume of a sound reproduced by the sound reproduction device in the second operation mode is smaller than a minimum value of a volume of a sound reproduced by the sound reproduction device in the first operation mode.
Claim 1 and 7-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, and 7 of copending Application No. 18/783617 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they only contain obvious variations of wording or obvious differences.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1 of present application
Application 18/783617
1. A semiconductor device comprising:
a first output terminal coupled to a first terminal of a sound reproduction device;
a second output terminal coupled to a second terminal of the sound reproduction device;
1. A semiconductor device comprising:
a first output terminal coupled to a first terminal of a first sound reproduction device;
a second output terminal coupled to a second terminal of the first sound reproduction device;
a third output terminal coupled to a first terminal of a second sound reproduction device;
a fourth output terminal coupled to a second terminal of the second sound reproduction device;
a modulation circuit that, in a first operation mode, modulates a signal based on a sound source signal to output a first modulated signal and a second modulated signal;
a first modulation circuit that, in a first operation mode, modulates a signal based on a first sound source signal to output a first modulated signal and a second modulated signal;
a second modulation circuit that, in the first operation mode, modulates a signal based on a second sound source signal to output a third modulated signal and a fourth modulated signal;
a test signal generation circuit that, in a second operation mode, modulates a test signal of which a frequency is changed in a frequency band set in advance, to generate a third modulated signal and a fourth modulated signal;
a test signal generation circuit that, in a second operation mode, modulates a test signal of which a frequency is changed in a frequency band set in advance, to generate a fifth modulated signal and a sixth modulated signal;
an amplification circuit that, in the first operation mode, outputs a first amplified signal obtained by amplifying the first modulated signal to the first output terminal and outputs a second amplified signal obtained by amplifying the second modulated signal to the second output terminal and that, in the second operation mode, outputs a third amplified signal obtained by amplifying the third modulated signal to the first output terminal and outputs a fourth amplified signal obtained by amplifying the fourth modulated signal to the second output terminal;
a first amplification circuit that, in the first operation mode, outputs a first amplified signal obtained by amplifying the first modulated signal to the first output terminal and outputs a second amplified signal obtained by amplifying the second modulated signal to the second output terminal and that, in the second operation mode, outputs a third amplified signal obtained by amplifying the fifth modulated signal to the first output terminal and outputs a fourth amplified signal obtained by amplifying the sixth modulated signal to the second output terminal;
a second amplification circuit that, in the first operation mode, outputs a fifth amplified signal obtained by amplifying the third modulated signal to the third output terminal and outputs a sixth amplified signal obtained by amplifying the fourth modulated signal to the fourth output terminal and that, in the second operation mode, outputs a seventh amplified signal obtained by amplifying the fifth modulated signal to the third output terminal and outputs an eighth amplified signal obtained by amplifying the sixth modulated signal to the fourth output terminal;
a peak frequency detection circuit that, in the second operation mode, measures a potential difference between the first output terminal and the second output terminal to detect a peak frequency that is a frequency of the test signal at which an impedance of the sound reproduction device reaches a peak; and
a first peak frequency detection circuit that, in the second operation mode, measures a potential difference between the first output terminal and the second output terminal to detect a first peak frequency that is a frequency of the test signal at which an impedance of the first sound reproduction device reaches a peak;
a second peak frequency detection circuit that, in the second operation mode, measures a potential difference between the third output terminal and the fourth output terminal to detect a second peak frequency that is a frequency of the test signal at which an impedance of the second sound reproduction device reaches a peak; and
a determination circuit that, in the second operation mode, determines whether or not the peak frequency is included in a reference frequency range determined based on the frequency band of the test signal and temperature information that is information on a temperature of the sound reproduction device.
a determination circuit that determines whether or not a difference between the first peak frequency and the second peak frequency is included in a predetermined reference frequency difference range.
Regarding claim 1 as above, claim 1 of 18/783617 contains all of the limitations of claim 1 except for making the determination whether or not the peak frequency is included in a reference frequency range. The application are to essentially the same subject matter except the present application makes a different determination. It would have been obvious to the designer that any safety testing may be performed on the data at their preference. Therefore at the time of filing, it would have been obvious to one of ordinary skill in the art to further comprise making a determination whether or not the peak frequency is included in the reference frequency range.
Claims 10, 11, and 13 are provisionally rejected in an analogous manner to claim 1.
The limitations of claims 7-9 are found in claims 3-5 of application 18/783617 respectively.
The limitations of claim 12 is found in claim 7 of application 18/783617 respectively.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
Claim 1 states “a test signal generation circuit that, in a second operation mode, modulates a test signal of which a frequency is changed in a frequency band set in advance” and “based on the frequency band of the test signal”. It is suggested that these portions be changed to “a test signal generation circuit that, in a second operation mode, modulates a test signal of which a frequency is changed in a predetermined frequency band” and “based on the predetermined frequency band” respectively, in order to: 1) make it clearer whether it is the frequency or the frequency band that is set in advance, 2) make it clear that the determination is based on a frequency band and not the test signal.
Claims 10 and 13 are objected to in an analogous manner.
Claims 2-9, 11, and 12 are rejected as inheriting the problems as above.
Claim 10 states “a semiconductor device coupled to a sound source reproduction circuit including an input terminal, a modulation circuit …, and an amplification circuit …, the semiconductor device comprising:”. The positioning of this “including” is somewhat confusing. If It is intended to have the sound source include the modulation and amplification circuits perhaps this could be changed to “a semiconductor device coupled to a sound source reproduction circuit, the sound source reproduction circuit including an input terminal, a modulation circuit …, and an amplification circuit …, the semiconductor device comprising:”. If however, it is intended for the semiconductor device to coupled to each device, perhaps this could be changed to “a semiconductor device coupled to a sound source reproduction circuit with an input terminal, a modulation circuit …, and an amplification circuit …, the semiconductor device comprising:”.
Appropriate correction is required.
Allowable Subject Matter
Claims 2-6 would be allowable if rewritten to overcome the claim objections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claims 1 and 7-13, since the double patenting rejections are provisional, if the claims of applications 18/474348 and 18/783617 have not been allowed separately, the claims would be allowable if rewritten to overcome the claim objections set forth in this Office action and to include all of the limitations of any base claim and any intervening claims. Also, the claims would be allowable if a suitable terminal disclaimer were to be filed to overcome the obvious type double patenting rejection(s) set forth in this Office action and if the claims were rewritten to overcome the claim objections set forth in this Office action and to include all of the limitations of any base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JOHN SUTHERS whose telephone number is (571)272-0563. The examiner can normally be reached M-F, 8 am -5 pm.
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/DOUGLAS J SUTHERS/ Examiner, Art Unit 2695
/VIVIAN C CHIN/ Supervisory Patent Examiner, Art Unit 2695