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 .
DETAILED ACTION
Applicant is advised that the new art unit number is 2692. Please use the new art unit number for all future communications.
This Office action is in response to the Election filed on 5/4/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/8/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification - Title
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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-9) in the reply filed on 5/4/2026 is acknowledged. No claims are withdrawn from further consideration pursuant to 37 CFR § 1.142(b) as being drawn to a nonelected, there being no allowable generic or linking claim (because the nonelected claims were canceled).
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 1-4, 6, 7, 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,622,185 in view of Zhang et al. (US 10021800).
Regarding instant claim 1, patent claims 1-9 claim an image capture apparatus, comprising:
an audio component (patent claim 1: “a microphone”);
a housing that encloses the audio component (patent claim 1: “a microphone disposed within the housing”), the housing comprising:
a pattern of apertures (patent claim 1: “a housing that includes a pattern of apertures”); and
at least one audio aperture disposed at a location of the pattern of apertures (patent claim 1: “direct sound waves from only one of the apertures in the pattern of apertures to the microphone” implies that said one of the apertures is an audio aperture) and
a membrane assembly that defines a channel (patent claim 1: “a membrane assembly, comprising: a support […] wherein the support comprises: […] a channel defined in the support”) intersected by a membrane (patent claim 1: “membrane assembly, comprising: […] a membrane that extends across the channel”), wherein the channel is aligned with the at least one audio aperture (patent claim 1: “a channel defined in the support and configured to direct sound waves from only one of the apertures in the pattern of apertures to the microphone” which indicates the channel is acoustically aligned with the one of the apertures).
Patent claims 1-9 fail to claim the at least one audio aperture is extended through the housing.
In a similar field of endeavor, Zhang discloses a housing (102) that encloses an audio component (150), the housing comprising: a pattern of apertures (116); and at least one audio aperture (136) disposed at a location of the pattern of apertures and extended through the housing (see Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the at least one audio aperture to extend through the housing, the motivation being to allow sound outside the housing to reach the audio component (Zhang - Fig. 2 and detx31, paragraph spanning cols. 6-7).
Regarding instant claim 2, patent claims 1-9 in view of Zhang claim the image capture apparatus of claim 1, wherein portions of the membrane assembly cover the pattern of apertures (illustrating patent claim 1: “membrane assembly, comprising: […] a second layer in direct contact with the housing and defining a pattern of indents that are aligned with a portion of the pattern of apertures of the housing” shows the second layer of the membrane assembly covers the pattern of apertures).
Regarding instant claim 3, patent claims 1-9 in view of Zhang claim the image capture apparatus of claim 2, where portions of the membrane assembly separate the membrane from the pattern of apertures (illustrating patent claim 1 shows the second layer and the external portion of the channel separating the membrane from the pattern of apertures).
Regarding instant claim 4, patent claims 1-9 in view of Zhang claim the image capture apparatus of claim 1, wherein the pattern of apertures is partially formed by portions of the membrane assembly (illustrating patent claim 1: “a second layer in direct contact with the housing and defining a pattern of indents that are aligned with a portion of the pattern of apertures of the housing” shows this, where the indents are considered extensions of the apertures).
Regarding instant claim 6, patent claims 9 in view of Zhang claim the image capture apparatus of claim 1, wherein the at least one audio aperture has a diameter that is less than a diameter of the channel (patent claim 9: “a diameter of the channel is between about 2.5 mm and about 3.5 mm, wherein the diameter of the apertures in the pattern of apertures is between about 0.5 mm and about 1.5 mm”).
Regarding instant claim 7, patent claims 1-9 in view of Zhang claim the image capture apparatus of claim 6, wherein the image capture apparatus comprises only one audio aperture at the location of the pattern of apertures (patent claim 1: “direct sound waves from only one of the apertures in the pattern of apertures to the microphone”).
Regarding instant claim 9, patent claims 9 in view of Zhang claim the image capture apparatus of claim 1, wherein the channel has a diameter that is continuous and greater than a diameter of the at least one audio aperture (patent claim 9: “a diameter of the channel is between about 2.5 mm and about 3.5 mm, wherein the diameter of the apertures in the pattern of apertures is between about 0.5 mm and about 1.5 mm, and wherein the diameter of the channel is uniform across a length of the channel”).
Regarding instant claim 1, patent claims 10-14 claim an image capture apparatus, comprising:
an audio component (patent claim 10: “a microphone assembly”);
a housing that encloses the audio component (patent claim 10: “a microphone assembly disposed within the housing”), the housing comprising:
a pattern of apertures (patent claim 10: “the housing defining a pattern of apertures”); and
at least one audio aperture disposed at a location of the pattern of apertures (patent claim 10: “one of the apertures in the pattern of apertures are aligned so that sound is facilitated to the microphone through the one of the apertures” implies that said one of the apertures is an audio aperture) and
a membrane assembly that defines a channel (patent claim 10: “a membrane assembly, comprising: […] a front layer […] defining an outer channel, […] a back layer […] defining an inner channel aligned with the outer channel”) intersected by a membrane (patent claim 10: “a membrane that separates the inner channel and the outer channel”), wherein the channel is aligned with the at least one audio aperture (patent claim 10: “the inner channel, the outer channel, and one of the apertures in the pattern of apertures are aligned”).
Patent claims 10-14 fail to claim the at least one audio aperture is extended through the housing.
In a similar field of endeavor, Zhang discloses a housing (102) that encloses an audio component (150), the housing comprising: a pattern of apertures (116); and at least one audio aperture (136) disposed at a location of the pattern of apertures and extended through the housing (see Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the at least one audio aperture to extend through the housing, the motivation being to allow sound outside the housing to reach the audio component (Zhang - Fig. 2 and detx31, paragraph spanning cols. 6-7).
Regarding instant claim 2, patent claims 10-14 in view of Zhang claim the image capture apparatus of claim 1, wherein portions of the membrane assembly cover the pattern of apertures (illustrating patent claim 10: “A membrane assembly, comprising: a front layer in contact with an internal surface of a housing of an image capture device and defining an outer channel, the housing defining a pattern of apertures, and the front layer comprising indents that are configured to align with the apertures” shows the front layer of the membrane assembly covers the pattern of apertures).
Regarding instant claim 3, patent claims 10-14 in view of Zhang claim the image capture apparatus of claim 2, where portions of the membrane assembly separate the membrane from the pattern of apertures (illustrating patent claim 10 shows the front layer and the outer channel separating the membrane from the pattern of apertures).
Regarding instant claim 4, patent claims 10-14 in view of Zhang claim the image capture apparatus of claim 1, wherein the pattern of apertures is partially formed by portions of the membrane assembly (illustrating patent claim 10: “A membrane assembly, comprising: a front layer in contact with an internal surface of a housing […], the housing defining a pattern of apertures, and the front layer comprising indents that are configured to align with the apertures” shows this, where the indents are considered extensions of the apertures).
Regarding instant claim 7, patent claims 10-14 in view of Zhang claim the image capture apparatus of claim 6, wherein the image capture apparatus comprises only one audio aperture at the location of the pattern of apertures (patent claim 10: “one of the apertures in the pattern of apertures are aligned so that sound is facilitated to the microphone through the one of the apertures”).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (US 10021800).
Regarding claim 1, Zhang discloses an image capture apparatus, comprising:
an audio component (Fig. 2: 150) (detx31, paragraph spanning cols. 6-7: microphone);
a housing (102) that encloses the audio component (see Figs. 1/2), the housing comprising:
a pattern of apertures (116) (see Figs. 1/2); and
at least one audio aperture (136) disposed at a location of the pattern of apertures and extended through the housing (Fig. 2); and
a membrane assembly (Fig. 2: 124, which according to detx41, col. 9, lines 4-10, is 300 of Figs. 5/6) that defines a channel (Fig. 6: channel defined by 304, 322, 332, and 342) intersected by a membrane (Figs. 5/6: 310), wherein the channel is aligned with the at least one audio aperture (see Fig. 2).
Regarding claim 2, Zhang discloses the image capture apparatus of claim 1, wherein portions of the membrane assembly cover the pattern of apertures (Fig. 6: 302, 310, 320, 330, and 340 cover an area of 116 (as seen in Fig. 2)).
Regarding claim 4, Zhang discloses the image capture apparatus of claim 1, wherein the pattern of apertures is partially formed by portions of the membrane assembly (if the claimed “aperture” corresponding to 136 is considered to start from the hole at the outside of 102 and span through at least holes 304 and 322 of Fig. 6, then it can be said that the pattern of apertures is partially formed by portions of the membrane assembly).
Regarding claim 8, Zhang discloses the image capture apparatus of claim 1, wherein the image capture apparatus comprises at least two audio apertures (136 and 138) (see Fig. 2 and detx31, paragraph spanning cols. 6-7).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Karube et al. (US 2013/0156985).
Regarding claim 3, Zhang discloses the image capture apparatus of claim 2, where a portion of the membrane assembly separate the membrane from the pattern of apertures (if the claimed “aperture” corresponding to 136 is considered to start from the hole at the outside of 102 and end at the hole on the inside of 102 in Fig. 2, then it can be said that the portion 302 (see Fig. 6) of the membrane assembly separates the membrane 310 from the pattern of apertures).
Zhang is not relied upon to disclose where portions of the membrane assembly separate the membrane from the pattern of apertures.
In a similar field of endeavor, Karube discloses a membrane assembly (1) with adhesive layers (21, 22, and 25) (¶ 0022-0023 and Fig. 1A), where the adhesive layers can each be a double-sided tape (¶ 0055).
It would have been obvious to one of ordinary skill in the art to substitute the adhesive layer (302 of Zhang) with a double sided tape adhesive layer, as taught by Karube,
which would result in: where portions (since double sided tape has three portions (a carrier portion in the middle, and adhesive portions on each side of the carrier layer)) of the membrane assembly separate the membrane from the pattern of apertures,
the motivation being to perform the simple substitution of one adhesive layer for another to obtain predictable results of an adhesive layer that can be used to connect layers of a membrane assembly. See MPEP § 2143(B).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Sugaya et al. (US 2021/0176550).
Regarding claim 5, Zhang discloses the image capture apparatus of claim 1, wherein the membrane assembly further comprises a
Zhang is not relied upon to disclose the support being a compressible support that is compressed against the pattern of apertures.
In a similar field of endeavor, Sugaya discloses a membrane assembly (Fig. 5) comprising a support (3) that is a compressible support that is compressed again an aperture (51 and 52) (see Fig. 2) (¶ 0047).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the support of Zhang to be a compressible support like that of Sugaya,
which would result in: wherein the membrane assembly further comprises a compressible support that is compressed against the pattern of apertures,
the motivation being to increase the followability of the lower surface of the support (330 of Zhang) to the surface of 150 of Zhang (Sugaya - ¶ 0047) and/or to inhibit bulging of the membrane (310 of Zhang) (Sugaya - ¶ 0029).
Claim(s) 6, 7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang.
Regarding claim 6, Zhang discloses the image capture apparatus of claim 1.
The embodiment of Fig. 2 of Zhang is not relied upon to disclose wherein the at least one audio aperture has a diameter that is less than a diameter of the channel.
However, the embodiment of Fig. 7 of Zhang discloses a membrane assembly (502, 510, 520, 530, and 540) having an inner diameter (i.e. diameter of the channel) that is larger than a diameter of an audio aperture (right-most opening of 410) that it is mounted on, which ensures that all of the left side of adhesive 502 contacts a mounting surface and doesn’t partially hang over the edge of the mounting surface (see Fig. 7, specifically the zoomed-in portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the inner diameter (and thus diameter of the channel) of the membrane assembly (124 of Fig. 2 and 300 of Fig. 6) to be larger than a diameter of the audio aperture (136 of Fig. 2) that it is mounted on,
which would result in: wherein the at least one audio aperture has a diameter that is less than a diameter of the channel,
the motivation being to ensure that all of the adhesive 302 of 124/300 contacts a mounting surface around 136 and doesn’t partially hang over the edge of the mounting surface (see Figs. 2 and 7).
Regarding claim 7, Zhang discloses the image capture apparatus of claim 6, wherein the image capture apparatus comprises only one audio aperture (136) at the location of the pattern of apertures (see Fig. 2).
Regarding claim 9, Zhang discloses the image capture apparatus of claim 1.
The embodiment of Fig. 2 of Zhang is not relied upon to disclose wherein the channel has a diameter that is continuous and greater than a diameter of the at least one audio aperture.
However, the embodiment of Fig. 7 of Zhang discloses a membrane assembly (502, 510, 520, 530, and 540) having an inner diameter (i.e. diameter of the channel) that is larger than a diameter of an audio aperture (right-most opening of 410) that it is mounted on, which ensures that all of the left side of adhesive 502 contacts a mounting surface and doesn’t partially hang over the edge of the mounting surface (see Fig. 7, specifically the zoomed-in portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the inner diameter (and thus diameter of the channel) of the membrane assembly (124 of Fig. 2 and 300 of Fig. 6) to be larger than a diameter of the audio aperture (136 of Fig. 2) that it is mounted on,
which would result in: wherein the channel has a diameter that is continuous and greater than a diameter of the at least one audio aperture,
the motivation being to ensure that all of the adhesive 302 of 124/300 contacts a mounting surface around 136 and doesn’t partially hang over the edge of the mounting surface (see Figs. 2 and 7).
Claim(s) 21-27, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Gotham et al. (US 2009/0040703).
Regarding claim 21, Zhang discloses an image capture apparatus, comprising:
an audio component (Fig. 2: 150) (detx31, paragraph spanning cols. 6-7: microphone);
a housing (102) that includes the audio component (see Figs. 1/2), the housing comprising:
a pattern of apertures (116) (see Figs. 1/2); and
at least one audio aperture (136)
a channel (channel of 124 of Fig. 2, which according to detx41, col. 9, lines 4-10, is 300 of Figs. 5/6, the channel being defined in Fig. 6 by 304, 322, 332, and 342) defined within the housing and intersected by a membrane (310), wherein the channel is aligned with the at least one audio aperture (see Fig. 2).
Zhang is not relied upon to disclose the at least one audio aperture surrounded by the pattern of apertures.
However, Zhang discloses that additional openings are possible for 116 (detx28, paragraph spanning cols. 5-6).
In a similar field of endeavor, Gotham discloses a pattern of apertures being a 3 row array of apertures (119) (Fig. 11 and ¶ 0061).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the pattern of apertures of Zhang as a 3 row array of apertures, as taught by Gotham, the motivation being to find a way to implement the suggestion of Zhang that additional openings are possible for 116 (Zhang - detx28, paragraph spanning cols. 5-6) (Gotham - Fig. 11 and ¶ 0061).
Additionally, Zhang discloses that “one opening of the first set of openings 116 may be used by an audio component, such as a microphone, to allow airflow into the electronic device 100” (detx28, paragraph spanning cols. 5-6). Based on this, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to try configuring any one opening of the 3 row array pattern of apertures to be the at least one audio aperture, and note that any such configuration with the at least one audio aperture being one of the non-end middle row apertures would result in: the at least one audio aperture surrounded by the pattern of apertures, the motivation being to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success to solve the issue of which aperture of the pattern of apertures to be used by the audio component, as taught by Zhang. MPEP § 2143(E).
Regarding claim 22, Zhang-Gotham discloses the image capture apparatus of claim 21, and Zhang discloses wherein portions of the membrane separate the pattern of apertures and the audio component (Fig. 6: membrane 310 has an exposed portion (shown in Fig. 5) and a covered portion (covered, e.g., by 302 as seen in Fig. 6), and both of these portions separate 116 and 150 as seen in Fig. 2).
Regarding claim 23, Zhang-Gotham discloses the image capture apparatus of claim 22, where the pattern of apertures includes more apertures (3 row array of apertures) than the at least one audio aperture (one) (see Fig. 11 of Gotham).
The teachings of Gotham relied upon above are combinable with Zhang-Gotham for the same reasons set forth above in the claim 21 rejection.
Regarding claim 24, Zhang-Gotham discloses the image capture apparatus of claim 23, wherein the image capture apparatus comprises only one audio aperture (136) at a location of the pattern of apertures (Zhang - Fig. 2; and see claim 21 rejection).
The teachings of Gotham relied upon above are combinable with Zhang-Gotham for the same reasons set forth above in the claim 21 rejection.
Regarding claim 25, Zhang-Gotham discloses the image capture apparatus of claim 22, and Zhang discloses wherein the image capture apparatus comprises at least two audio apertures (136 and 138) (see Fig. 2 and detx31, paragraph spanning cols. 6-7).
Regarding claim 26, Zhang-Gotham discloses the image capture apparatus of claim 21.
The embodiment of Fig. 2 of Zhang combined with Gotham is not relied upon to disclose wherein the at least one audio aperture has a diameter that is less than a diameter of the channel.
However, the embodiment of Fig. 7 of Zhang discloses a membrane assembly (502, 510, 520, 530, and 540) having an inner diameter (i.e. diameter of the channel) that is larger than a diameter of an audio aperture (right-most opening of 410) that it is mounted on, which ensures that all of the left side of adhesive 502 contacts a mounting surface and doesn’t partially hang over the edge of the mounting surface (see Fig. 7, specifically the zoomed-in portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the inner diameter (and thus diameter of the channel) of the membrane assembly (124 of Fig. 2 and 300 of Fig. 6) to be larger than a diameter of the audio aperture (136 of Fig. 2) that it is mounted on,
which would result in: wherein the at least one audio aperture has a diameter that is less than a diameter of the channel,
the motivation being to ensure that all of the adhesive 302 of 124/300 contacts a mounting surface around 136 and doesn’t partially hang over the edge of the mounting surface (see Figs. 2 and 7).
Regarding claim 27, Zhang-Gotham discloses the image capture apparatus of claim 21, wherein the pattern of apertures is partially formed by portions of the channel (if the claimed “aperture” corresponding to 136 is considered to start from the hole at the outside of 102 and span through at least hole 304 and 322 of Fig. 6, then it can be said that the pattern of apertures is partially formed by portions of the channel).
Regarding claim 29, Zhang-Gotham discloses the image capture apparatus of claim 21.
The embodiment of Fig. 2 of Zhang combined with Gotham is not relied upon to disclose wherein the channel has a diameter that is continuous and greater than a diameter of the at least one audio aperture.
However, the embodiment of Fig. 7 of Zhang discloses a membrane assembly (502, 510, 520, 530, and 540) having an inner diameter (i.e. diameter of the channel) that is larger than a diameter of an audio aperture (right-most opening of 410) that it is mounted on, which ensures that all of the left side of adhesive 502 contacts a mounting surface and doesn’t partially hang over the edge of the mounting surface (see Fig. 7, specifically the zoomed-in portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the inner diameter (and thus diameter of the channel) of the membrane assembly (124 of Fig. 2 and 300 of Fig. 6) to be larger than a diameter of the audio aperture (136 of Fig. 2) that it is mounted on,
which would result in: wherein the channel has a diameter that is continuous and greater than a diameter of the at least one audio aperture,
the motivation being to ensure that all of the adhesive 302 of 124/300 contacts a mounting surface around 136 and doesn’t partially hang over the edge of the mounting surface (see Figs. 2 and 7).
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Gotham in view of Sugaya.
Regarding claim 28, Zhang-Gotham discloses the image capture apparatus of claim 21, and Zhang discloses wherein the channel further comprises a
Zhang-Gotham is not relied upon to disclose the support being a compressible support that is compressed against the pattern of apertures and adjacent to the membrane.
In a similar field of endeavor, Sugaya discloses a membrane assembly (Fig. 5) comprising a support (3) that is a compressible support that is compressed again an aperture (51 and 52) and adjacent to a membrane (2) (see Fig. 2) (¶ 0047).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the support of Zhang to be a compressible support like that of Sugaya,
which would result in: wherein the channel further comprises a compressible support that is compressed against the pattern of apertures and adjacent to the membrane,
the motivation being to increase the followability of the lower surface of the support (330 of Zhang) to the surface of 150 of Zhang (Sugaya - ¶ 0047) and/or to inhibit bulging of the membrane (310 of Zhang) (Sugaya - ¶ 0029).
Claim(s) 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Shiota et al. (US 5754669).
Regarding claim 30, Zhang discloses an image capture apparatus, comprising:
an audio component (Fig. 2: 150) configured to record or emit audio (detx31, paragraph spanning cols. 6-7: microphone);
a housing (102) that overlays the audio component (see Figs. 1/2), the housing comprising:
a pattern of apertures (116) (see Figs. 1/2); and
an audio aperture (136) disposed at a location of the pattern of apertures and extended to the audio component (Fig. 2) so that sound is configured to traverse the housing to or from the audio component (detx31, paragraph spanning cols. 6-7: microphone); and
a membrane (Figs. 5/6: 310 of 300, which according to detx41, col. 9, lines 4-10, is 124 of Fig. 2) that intersects a pathway between the audio component and the audio aperture (see Fig. 2).
Zhang is not relied upon to disclose the housing comprising:
a pattern of indents; and
the audio aperture (136) disposed at a location of the pattern of indents.
In a similar field of endeavor, Shiota discloses the use of a pattern of indents (21) in combination with a pattern of apertures (11) to achieve good design with integrity of appearance (Fig. 2 and bstx8, col. 1, lines 29-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: configure a pattern of indents in combination with the pattern of apertures (116 of Zhang), the motivation being to achieve good design and/or integrity of appearance - (Shiota - Fig. 2 and bstx8, col. 1, lines 29-38),
which would result in: the housing comprising:
a pattern of indents; and
the audio aperture (136 of Zhang) disposed at a location of the pattern of indents.
Regarding claim 31, Zhang-Shiota discloses the image capture apparatus of claim 30.
Additionally, Shiota discloses wherein a diameter of each of the pattern of indents is essentially equal to a portion of an aperture (see Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: configure the indents and the apertures to have the same diameter, which would result in: wherein a diameter of each of the pattern of indents is essentially equal to a portion of an aperture, the motivation being to achieve good design and/or integrity of appearance (Shiota - Fig. 2 and bstx8, col. 1, lines 29-38).
Conclusion
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/MARK FISCHER/Primary Examiner, Art Unit 2692
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