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 .
Claim Objections
Claim 1 is objected to because of the following: on line 8, “power” should be changed to --powder-- (note the powder and granulated mixture in the specification). Appropriate correction is required.
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 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,622,190. Although the claims at issue are not identical, they are not patentably distinct from each other because they are claiming an electronic device comprising a speaker module comprising a speaker configured to output a sound through a vibration of a diaphragm of the speaker, a housing accommodating the speaker module therein, the housing including a first space and a second space separated from the first space by the speaker module, or a first space provided in a first direction from the speaker module and a second space provided in a second direction opposite the first direction, and an air adsorption member formed by an air adsorption material, wherein the air adsorption member comprises a powder and granulated mixture, or an inner side of the air adsorption member is filled with a powder and granulated mixture, and wherein the air adsorption member is disposed in the first space. The limitations in claims 1-20 of U.S. Patent No. 11,622,190 cover the limitations in claims 1-15 of the present invention.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,052,541. Although the claims at issue are not identical, they are not patentably distinct from each other because they are claiming an electronic device comprising a speaker module comprising a speaker configured to output a sound through a vibration of a diaphragm of the speaker, a housing accommodating the speaker module therein, the housing including a first space and a second space separated from the first space by the speaker module, or a first space provided in a first direction from the speaker module and a second space provided in a second direction opposite the first direction, and an air adsorption member formed by an air adsorption material, wherein the air adsorption member comprises a powder and granulated mixture, and wherein the air adsorption member is disposed in the first space. The limitations in claims 1-20 of U.S. Patent No. 12,052,041 cover the limitations in claims 1-15 of the present invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ward (US 4,657,108) teaches a loudspeaker assembly having a loudspeaker box (2), a low frequency loudspeaker (16) and a mass of adsorbent material, wherein the mass of adsorbent material comprises activated charcoal or carbon in granular form located in the box.
Schoffmann et al. (US 9,635,455) teaches an audio system comprising an electro-acoustic transducer mounted onto a housing that forms a resonance volume, wherein the resonance volume is at least partially filled with grains of sound absorbing material.
Wang (US 10,506,333) teaches an acoustic device (100) including a cabinet (10) with a cavity room (101), a speaker unit (20) mounted in the cavity room (101) of the cabinet (10), a sealed room (30) formed by the cabinet together with the speaker unit, and a space (31) formed by the cabinet (10) together with the speaker unit (20), wherein the space is filled with the zeolite absorbent (40).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571) 272-7502. The examiner can normally be reached 9:30 am-6:00 pm.
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/HUYEN D LE/Primary Examiner, Art Unit 2694 HL
March 12, 2026