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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 15 is objected to because of the following informalities: the acronym “LED” should be spelled out for the first time. The examiner suggests to change to “light emitting diode (LED)” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, page 3 line 4, the limitation “the first printed circuit board” is indefinite because it’s unclear what it refers to “the printed circuit board” or “another printed circuit board” or something else.
Since claims 12-14 are directly/indirectly depending on claim 11 these claims 12-14 are rejected for the same reasons as set forth in claim 11.
Claim 15 recites the limitation "the through hole" in page 4 line 5. There is insufficient antecedent basis for this limitation in the claim.
Since claims 16-20 are directly/indirectly depending on claim 15 these claims 14-20 are rejected for the same reasons as set forth in claim 15.
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 1-3, 7-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 8-10, 12, 14, 15, 18 and 19 of U.S. Patent No. 12,069,418. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1, 3-5, 8-10, 12, 14, 15, 18 of U.S. Patent No. 12,069,418 are clearly anticipated or similar in scope to the rejected claims 1-3, 7-20 of the U. S. Pat. App (No. 18/786,218) with only obvious wording variations. For example below:
Instant application
U.S. Patent No. 12,069,418
1. An electronic device comprising: a housing defining a first opening; a light transmittance structure including: a first portion, attached to the housing, defining a second opening; and a second portion, protruding from the first portion of the light transmittance structure such that a gap between the second portion of the light transmittance structure and the housing is formed within the first opening; a printed circuit board disposed behind the second portion of the light transmittance structure, the printed circuit board defining a through hole; a microphone disposed on a first surface of the printed circuit board; and a flash light emitting diode (LED) disposed on a second surface of the printed circuit board opposite to the first surface of the printed circuit board, disposed between the second portion of the light transmittance structure and the microphone; wherein sound is received from outside of the electronic device to the microphone through the gap, the second opening and the through hole.
1. An electronic device comprising: a housing including a first opening; a plate including a transparent portion, the plate including a protruding portion forming a gap between an inner circumference of the first opening and the protruding portion, at least a portion of the protruding portion inserted into the first opening, and a second opening spaced apart from a periphery of the protruding portion; a first printed circuit board disposed within the housing; at least one side wall disposed on the first printed circuit board; a second printed circuit board disposed between the first printed circuit board and the plate and supported by the at least one side wall; a microphone disposed a first surface of the second printed circuit board within a space surrounded by the first printed circuit board, the second printed circuit board and the at least one side wall; and a flash module comprising a flash LED disposed a second surface of the second printed circuit board opposite to the first surface; wherein the second printed circuit board includes a through hole facing the microphone configured to obtain a signal for the microphone.
Specification: col. 1 lines 62-63 “a housing including a first opening, a plate including a transparent portion”; Col. 15 lines 27-31 “The sealing member 440 may reduce the loss of the audio signal transmitted through the gap 412 and the second opening 423. The sealing member 440 may guide the audio signal to pass through the through hole 461 and be transmitted to the microphone 520”
2. The electronic device according to claim 1, wherein an acoustic path is defined by the gap, a space between an inner surface of the housing and the first portion of the light transmittance structure, the second opening, and the through hole.
8. The electronic device according to claim 1, wherein an audio path is defined by the gap, a space between one surface of the housing including the first opening; and the plate including the transparent portion, the second opening, and the through hole.
3. The electronic device according to claim 1, further comprising: a first seal disposed between the light transmittance structure and the printed circuit board, and surrounding the flash LED; wherein the second opening and the through hole are connected to an internal space surrounded by the light transmittance structure, the printed circuit board, and the first seal.
9. The electronic device according to claim 1, further comprising: a seal including a first seal disposed between the plate and the second printed circuit board, and surrounding the flash module; wherein the second opening and the through hole are connected to an internal space surrounded by the plate including the transparent portion, the second printed circuit board, and the first seal.
7. The electronic device according to claim 3, wherein a compression ratio of the first seal is in a range of 15% to 75%, and wherein a thermal conductivity of the first seal is in a range of 1 to 9 (W / m * K).
12. The electronic device according to claim 11, wherein a compression ratio of the first seal is in a range of 15% to 75%, and wherein a thermal conductivity of the first seal is in a range of 1 to 9 (W/m*K).
9. The electronic device according to claim 1, wherein the flash LED, the microphone, and the printed circuit board, are integrally formed.
14. The electronic device according to claim 1, further comprising the side wall disposed between the first printed circuit board and the second printed circuit board, and integrally formed with the flash module, the microphone, and the second printed circuit board, are integrally formed, and wherein the second printed circuit board electrically is connected to the first printed circuit board by a conductive wire.
10. The electronic device according to claim 1, wherein a portion of the flash LED overlaps a portion of the microphone when viewed from above.
15. The electronic device according to claim 1, wherein a portion of the flash module overlaps a portion of the microphone when the flash module is viewed from above.
11. The electronic device according to claim 1, further comprising another printed circuit board disposed under the printed circuit board; and at least one side wall disposed between the printed circuit board and the other printed circuit board; wherein the printed circuit board electrically is connected to the first printed circuit board by a conductive wire.
14. The electronic device according to claim 1, further comprising the side wall disposed between the first printed circuit board and the second printed circuit board, and integrally formed with the flash module, the microphone, and the second printed circuit board, are integrally formed, and wherein the second printed circuit board electrically is connected to the first printed circuit board by a conductive wire.
12. The electronic device according to claim 11, wherein the printed circuit board includes: a first grounding portion electrically disconnecting the flash LED and the microphone and electrically connecting the first printed circuit board; a second grounding portion electrically disconnecting the first grounding portion and electrically connecting the flash LED; and a third grounding portion electrically disconnecting the first grounding portion and the second grounding portion and electrically connecting the microphone.
3. The electronic device according to claim 2, wherein the grounding portion includes: a first grounding portion electrically disconnecting the flash module and the microphone and electrically connecting the first printed circuit board; a second grounding portion electrically disconnecting the first grounding portion and electrically connecting the flash module; and a third grounding portion electrically disconnecting the first grounding portion and the second grounding portion and electrically connecting the microphone.
13. The electronic device according to claim 12, wherein the at least one side wall comprises an interposer including: first conductive vias extending from the first grounding portion to the other printed circuit board; second conductive vias extending from the second grounding portion to the printed circuit board; and third conductive vias extending from the third grounding portion to the printed circuit board.
4. The electronic device according to claim 3, further comprising at least one side wall structure disposed between the first printed circuit board and the second printed circuit board: wherein the at least one side wall comprises: an interposer including a plurality of conductive vias electrically connecting the first printed circuit board and the second printed circuit board, wherein first conductive vias of the plurality of conductive vias extend from the first grounding portion to the first printed circuit board, wherein second conductive vias are distinct from the first conductive vias, the second conductive vias of the plurality of conductive vias extending from the second grounding portion to the first printed circuit board, and wherein third conductive vias are distinct from the first conductive vias and the second conductive vias, the third conductive vias of the plurality of conductive vias extending from the third grounding portion to the first printed circuit board.
14. The electronic device according to claim 12, wherein the printed circuit board includes a plurality of layers, wherein a portion of the second grounding portion is disposed on a first layer of the plurality of layers in contact with the flash LED, and wherein a portion of the third grounding portion is disposed on a second layer of the plurality of layers in contact with the microphone.
5. The electronic device according to claim 3, wherein the second printed circuit board includes a plurality of layers, wherein a portion of the second grounding portion is disposed on a first layer among the plurality of layers in contact with one surface of the flash module, and wherein a portion of the third grounding portion is disposed on a second layer among the plurality of layers in contact with one surface of the microphone.
15. An electronic device comprising: a housing defining an acoustic hole; a light transmittance structure attached to the housing, defining an opening; a printed circuit board disposed under the light transmittance structure, the printed circuit board defining the through hole; a microphone disposed on a first surface of the printed circuit board; and a flash LED disposed on a second surface of the printed circuit board opposite to the first surface of the printed circuit board, disposed between the light transmittance structure and the microphone; wherein sound is received from outside of the electronic device to the microphone through the acoustic hole and through hole.
1. An electronic device comprising: a housing including a first opening; a plate including a transparent portion, the plate including a protruding portion forming a gap between an inner circumference of the first opening and the protruding portion, at least a portion of the protruding portion inserted into the first opening, and a second opening spaced apart from a periphery of the protruding portion; a first printed circuit board disposed within the housing; at least one side wall disposed on the first printed circuit board; a second printed circuit board disposed between the first printed circuit board and the plate and supported by the at least one side wall; a microphone disposed a first surface of the second printed circuit board within a space surrounded by the first printed circuit board, the second printed circuit board and the at least one side wall; and a flash module comprising a flash LED disposed a second surface of the second printed circuit board opposite to the first surface; wherein the second printed circuit board includes a through hole facing the microphone configured to obtain a signal for the microphone.
18. An electronic device comprising: a housing including a first opening and a second opening; a plate including a transparent portion, the plate including a protruding portion inserted into the first opening and a third opening spaced apart from a periphery of the protruding portion; a first printed circuit board disposed into the housing; at least one side wall disposed on the first printed circuit board; a second printed circuit board disposed between the first printed circuit board and the plate and supported by the at least one side wall; a microphone disposed on a first surface of the second printed circuit board within a space surrounded by the first printed circuit board, the second printed circuit board and the at least one side wall; and a flash module comprising a flash LED disposed on a second surface of the second printed circuit board opposite to the first surface; wherein the second opening is spaced apart from the plate including the transparent portion and faces the second printed circuit board, and wherein the second printed circuit board includes a through hole facing the microphone configured to obtain a signal for the microphone.
Specification: col. 1 lines 62-63 “a housing including a first opening and a second opening, a plate including a transparent portion”; Col. 15 lines 27-31 “The sealing member 440 may reduce the loss of the audio signal transmitted through the gap 412 and the second opening 423. The sealing member 440 may guide the audio signal to pass through the through hole 461 and be transmitted to the microphone 520”
16. The electronic device according to claim 15, further comprising: a seal disposed between the light transmittance structure and the printed circuit board, and surrounding the flash LED and the microphone; wherein the acoustic hole and the through hole are connected to a space surrounded by the light transmittance structure, the printed circuit board, and the seal.
9. The electronic device according to claim 1, further comprising: a seal including a first seal disposed between the plate and the second printed circuit board, and surrounding the flash module; wherein the second opening and the through hole are connected to an internal space surrounded by the plate including the transparent portion, the second printed circuit board, and the first seal.
17. The electronic device according to claim 16, wherein an acoustic path from outside of the electronic device to the microphone is defined by the acoustic hole, the space, and the through hole.
8. The electronic device according to claim 1, wherein an audio path is defined by the gap, a space between one surface of the housing including the first opening; and the plate including the transparent portion, the second opening, and the through hole.
18. The electronic device according to claim 16, wherein the acoustic hole and the through hole are connected the space surrounded by the light transmittance structure, the printed circuit board, and the seal.
9. The electronic device according to claim 1, further comprising: a seal including a first seal disposed between the plate and the second printed circuit board, and surrounding the flash module; wherein the second opening and the through hole are connected to an internal space surrounded by the plate including the transparent portion, the second printed circuit board, and the first seal.
19. The electronic device according to claim 18, further comprising: another seal disposed in the space surrounded by the seal; wherein the other seal disposed between the light transmittance structure and the printed circuit board.
10. The electronic device according to claim 9, further comprising: a second seal distinct from the first seal; wherein the first seal and the second seal surround a circumference of the second opening and a circumference of the through hole.
Specification: col. 27 line 34-41.
20. The electronic device according to claim 15, wherein the acoustic hole overlaps the through hole when viewed from above.
19. The electronic device according to claim 18, wherein the third opening overlaps the through hole when the plate including the transparent portion is viewed from the outside and is spaced apart from the plate including the transparent portion.
Specification: col. 29 lines 14-35
As shown in table above, the bold limitations in claims 1-3, 7-20 of pending Application can be found the bold limitations in claims 1, 3-5, 8-10, 12, 14, 15, 18 and 19 as indicated above of U.S. Patent No. 12,069,418. Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would recognize that they are not patentably distinct from each other. Accordingly, claims 1-3, 7-20 of pending Application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 8-10, 12, 14, 15, 18 and 19 of U.S. Patent No. 12,069,418 for the reasons as stated above.
Allowable Subject Matter
Claims 1-20 are allowed if they overcome the claim object, 112 2nd rejection and the nonstatutory double patenting rejection above.
Claims 4-6 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, because the prior art of record fails to teach the limitation of claim 4 “a second seal distinct from the first seal disposed in a space surrounded by the first seal; wherein the second seal disposed between the light transmittance structure and the printed circuit board.“. Therefore, the prior art teachings are neither anticipate nor render obvious the allowable subject matter in combination with the other claimed limitations..
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN DUC NGUYEN whose telephone number is (571)272-8163. The examiner can normally be reached 6:30-3:00 PM.
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/TUAN D NGUYEN/Primary Examiner, Art Unit 2699