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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 12069417; claims 1-24 of U.S. Patent No. 11665458; claims 1-16 of U.S. Patent No. 11310577; claims 1-16 of U.S. Patent No.10959000; claims 1-23 of U.S. Patent No.10299022 and claims 1-36 of U.S. Patent No.10028044. Although the claims at issue are not identical, they are not patentably distinct from each other because they are an obvious wording variant of the patented claim language, as mapped in the table below.
Application 18/786269
US Pat. 12069417
US Pat. 11665458
US Pat.
11310577
US Pat. 10959000
US Pat. 10299022
US Pat. 10028044
Claim 1
Claim 1
Claim1,10
Claim1,7
Claim 1,8
Claim 1,8
Claim1,4,5
Claim 2
Claim 1
Claim 9
Claim 3
Claim 3
Claim 1
Claim 19
Claim 3
Claim 2
Claim 3
Claim 1
Claim 1
Claim 2
Claim 19
Claim 4
Claim 3
Claim 4
Claim 5
Claim 5
Claim 3
Claim 19
Claim 5
Claim 4
Claim 5
Claim 6
Claim 6
Claim 4
Claim 19
Claim 6
Claim 5
Claim 6
Claim 4
Claim 4
Claim 5
Claim 19
Claim 7
Claim 6
Claim 8
Claim 1
Claim 1
Claim 1
Claim 1
Claim 8
Claim 7
Claim 9
Claim 8
Claim 7,8
Claim 8
Claim 4
Claim 9
Claim 8
Claim 10
Claim 8
Claim 7,8
Claim 8
Claim 4
Claim 10
Claim 9
Claim 11
Claim 10
Claim 10
Claim 10
Claim 5
Claim 11
Claim 10
Claim 12
Claim 12
Claim 12
Claim 11
Claim 8
Claim 12
Claim 11
Claim 13
Claim 13
Claim 13
Claim 12
Claim 11
Claim 13
Claim 12
Claim 14
Claim 15
Claim 15
Claim 14
Claim 13
Claim 14
Claim 13
Claim 15
Claim 15
Claim 15
Claim 14
Claim 13
Claim 15
Claim 14
Claim 16
Claim 16
Claim 16
Claim 15
Claim 1
Claim 16
Claim 15
Claim 1
Claim 1
Claim 1
Claim 1
Claim1
Claim 17
Claim 16
Claim 2
Claim 3
Claim 1
Claim 1
Claim 1
Claim 18
Claim 17
Claim 18
Claim 1
Claim 1
Claim 17
Claim 21
Claim 19
Claim 17
Claim 20
Claim 7
Claim 7,8
Claim 19
Claim 4
Claim 20
Claim 18
Claim 3
Claim 1,2
Claim 1,2
Claim 18
Claim 1
Claim 21
Claim 19
Claim 21
Claim 7,8
Claim 7,8
Claim 20
Claim 4
Claim 22
Claim 20
Claim 22
Claim 10
Claim 10
Claim 21
Claim 5
Claim 23
Claim 21
Claim 23
Claim 12
Claim 12
Claim 22
Claim 8
Claim 24
Claim 22
Claim 24
Claim 1
Claim 1
Claim 23
Claim 21
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 18-24 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.
Claim 18 recites the limitation "The electronic device" in line 1. There is insufficient antecedent basis for this limitation in the claim. The claim should read as: “An electronic device”.
Claims 19-24 are rejected under 35 USC 112(b) as dependent upon a rejected base claim.
Allowable Subject Matter
Claims 1-17 would be allowed upon filing a Terminal Disclaimer.
Claims 18-24 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and upon filing a Terminal Disclaimer
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Regarding independent claims 1 and 18, the closest prior art such as Yang (US 7894620) teaches the general concept of an electronic device (fig.1 mobile phone), comprising: a body (fig.1 #10); a display (fig.1 #12) in front of the body; a speaker assembly (fig.2 #20) disposed inside the body of the electronic device, the speaker assembly including: a speaker unit (fig.2 #22); and a casing (fig.2 #23) having an internal space including a resonant region, wherein a side of the casing is removed corresponding to a shape of the speaker unit, where the speaker is disposed at the removed side of the casing and exposed to the outside of the casing (see fig.3; col.2 ln.36-50).
However, none of the closest prior art of record, alone or in combination, teaches
“wherein the speaker unit comprises a magnet including a first large surface, a second large surface opposite the first large surface, a first small surface between the first large surface and the second large surface, and a second small surface opposite the first small surface, wherein the first small surface and the second small surface of the magnet are covered by the casing with the first large surface and the second large surface of the magnet being externally exposed from the speaker assembly,” in combination with the rest of the limitations as recited in independent claims 1 and 18.
Other prior art has been cited herein regarding electronic devices comprising speaker assemblies, however the other prior art of record also fails to teach or provide suggestion to arrive the combination of the elements and steps presented in the independent claims, again when said elements or steps are collectively considered in regards to each claim. For at least the reasons listed above, dependent claims 2-17 and 19-24 are also allowed in view of their respective dependencies upon the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamanaka et al (US 20140247959 A1) discloses a display apparatus.
Tracy (US 6463160 B1) discloses a low profile loudspeaker assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 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, Vivian Chin can be reached at (571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/Primary Examiner, Art Unit 2695